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HomeMy WebLinkAbout11-0912FILED- FFICE OF THE PROTHONOTARY 2011 JAN 27 AM 1I= 53 Cc Y Dab + +WI?M VM1? CUMBERLAND COUNTY PENNSYLVANIA DR.AYE DURHAM, et al., Plaintiffs V. JEFFREY BEARD et al., Defendants IN THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, PENNSYMVANIA NO, 2010 CV 3717 CIVIL ACTION rr n N W W ORDER OF COURT 1-7 AND NOW, this tday of [ Cf`tG'?; 2010, upon consideration of Plaintiffs' Motion to Transfer Proper Venue County, it is hereby ORDERED AND DECREED that the Motion is GRANTED. The Prothonotary of Dauphin County is ORDERED to transfer the case to Cumberland County pursuant to Pa.R..C.P. 1006. BY THE COURT: Deborah Essis Curcillo, J. Distribution: The Hon. Deborah Essis Curcillo Draye Durham, EV-5273, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17688 Steven Estes, FR-0288, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17688 Henry Holmes, CQ-6550, SCI-Coal Township, I Kelley Drive, Coal Township, PA 17688 Jeffrey A. Beard, 2520 Lisburn Road, PO Box 598, Camp Hill, PA 17001 Dorina Varner, 2520 Lisburn Road, PO Box 598, Camp Hill, PA 17001 Tony Miller, 2520 Lisburn Road, PO Box 598, Camp Hill, PA 17001 Davida Varano, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17688 Kandis Dascani, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17688 DEC Zola Stephen E. Farina Prothonotary OFFICE OF ViW0THONOTARY f??• ll- 9/a-? Front & Market Streets Harrisburg, PA 17101 (717) 780-6520 David D. Buell, Prothonotary Cumberland County Court House Hanover & High Streets Carlisle, Pa 17013 IN RE: Draye Durham et al Vs Jeffrey Beard et al Dauphin County Dkt No 2010 CV 3717 Cumberland County Dkt No. Dear Sir/ Madam: C rn F -gym 70 .<n 1=) CZ) Cj mom .. Fri December 15, 2010 : a ems: By Order of October 18, 2010 by Richard A. Lewis., Judge The above matter has been transferred to the Court of Common Pleas of Cumberland County. I am, accordingly, sending originals of all the papers herewith. I Will appreciate the return of the attached receipt address to the Attention: of Ms. Lisandra Garcia. Very truly yours, P11#e?? " ar{ha Stephen E. Farina Prothonotary County of Dauphin Date: 12/1 W2010 Time: 02:32 PM Page 1 of 6 Filed: 4/7/2010 Subtype: Civil Comment: Status History Dauphin County Complete Case History Case: 2010-CV-03717-CV Draye Durham, etal. vs. Jeffrey A Beard, etal. Physical File: Y Appealed: Y Pending 4/7/2010 Transferred 5/4/2010 Closed 5/7/2010 Reopened 7/19/2010 Closed 12/15/2010 Judge History Date Judge Reason for Removal 4/7/2010 No Judge, Administrative 7/19/2010 Curcillo, Deborah Essis Current Plaintiff Name: Durham, Draye SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Individually and on behalf of all others similarly situated Attorneys PRO SE, (Primary attorney) Send Notices Plaintiff Name: Estes, Steven SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Individually and on behalf of all others similarly situated Attorneys PRO SE, (Primary attorney) Send Notices Plaintiff Name: Holmes, Henry SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Individually and on behalf of all others similarly situated Attorneys PRO SE, (Primary attorney) Send Notices User: LGARCIA Date: 12/15/2010 Dauphin County Time: 02:32 PM Complete Case History Page 3 of 6 Case: 2010-CV-03717-CV Draye Durham, etal. vs. Jeffrey A Beard, etal. Register of Actions 4/7/2010 Plaintiff: Durham, Draye Attorney of No Judge, Record: PRO SE Plaintiff: Estes, Steven Attorney of Record: No Judge, PRO SE Plaintiff: Holmes, Henry Attorney of No Judge, Record: PRO SE New Civil Case Filed This Date. No Judge, Writ of Summons Issued. See Praecipe, No Judge, filed. Petition for Leave to Proceed In Forma No Judge, Pauperis, filed. (Draye Durham) Petition for Leave to Proceed In Forma No Judge, Pauperis, filed. (Steven Estes) Petition for Leave to Proceed In Forma No Judge, Pauperis, filed. (Henry Holmes) Complaint in Civil Action, filed. No Judge, 4/29/2010 Since this court does not have jurisdiction Coates, Bernard L Jr over this matter, this matter is hereby transferred to Commonwealth Court. The Pothonotary of Dauphin County is hereby directed to tranfer this file to the Prothonotary of Commonwealth Court. See ORDER filed. copies Dist by Court 4/29/10 5/4/2010 The above action is hereby transferred to No Judge, the Commonwealth Court ****NO MORE ENTRIES CASE No Judge, TRANSFERRED**** TO THE COMMONWEALTH COURT User: LGARCIA Date: 12/15/2010 Dauphin County Time: 02:32 PM Complete Case History Page 4 of 6 Case: 2010-CV-03717-CV Draye Durham, etal. vs. Jeffrey A Beard, etal. Register of Actions 6/22/2010 Upon consideration of petitioners' No Judge, Complaint in Civil Action, in which petitioners seek money damages for alleged deceptive, fraudulent, and coercive business practices, and this court lacking jurisdiction over tort actions for money damages whether based on common law trespass or 42 U.S.C. 1983 because such actions are in the nature of trespass in that they seek money damages as redress for an unlawful injury and are properly commenced in the court of common pleas, see Fawber v. Cohen, 516 Pa. 353, 532 A.2d 429 (1987); Balshy v. Rank, 490 A.2d 415 (Pa. 1985), this case is hereby re-transferred to the Court of Common Pleas of Dauphin County. See 42 Pa. C.S. 5103. The Chief Clerk shall certify a photocopy of the docket entries of the above matter and the record to the prothonotary of the Court of Common Pleas of Dauphin County. Petitioners' motion for leave to request a stay is dismissed as moot. It appears that petitioner attempted to file a notice of appeal from the trial court's order transferring this matter to Commonwealth Court, and that the notice of appeal was returned to petitioner with directions that all documents should be sent to Commonwealth Court. Although any appeal of the transfer order may now be moot, the trial court is directed to process the notice of appeal in accordance with Pa. R.A.P. 905(a)(4). See PER CURIAM ORDER from the Commonwealth Court of Pennsylvania filed June 28, 2010. 7/19/2010 AOPC MONTHLY CIVIL COURT STATISTICAL REPORT DATA (AGING PURPOSES - CIVIL OTHER) Judge assigned to case. Record Returned to the Prothonotary's Office from the Commonwealth Court of Pennsylvania. Application to Proceed In Forma Pauperis and Affidavit in Support of Petitioner's Application to Proceed In Forma Pauperis, filed. Notice of Appeal to Superior Court of Pennsylvania filed on behalf of plaintiffs, Draye Durham, Steven Estes, Henry Holmes, Individually and on behalf of all others Similarly Situated. Copy mailed to Superior Court 07/26/10. Order granting leave to Proceed in Forma Pauperis Approved by the Court. See Order filed. (Estes) No Judge, Curcillo, Deborah Essis No Judge, No Judge, No Judge, Curcillo, Deborah Essis User: LGARCIA Date: 12/15/2010 Dauphin County Time: 02:32 PM Complete Case History Page 5 of 6 Case: 2010-CV-03717-CV Draye Durham, etal. vs. Jeffrey A Beard, etal. Register of Actions 7/19/2010 Order granting leave to Proceed in Curcillo, Deborah Essis Forma Pauperis Approved by the Court. See Order filed. (Holmes) Order granting leave to Proceed in Curcillo, Deborah Essis Forma Pauperis Approved by the Court. See Order filed. (Durham) 8/2/2010 Motion to transfer to proper venue No Judge, (county), filed. 8/3/2010 The above appeal is hereby withdrawn and No Judge, discontinued by order of Drate Durham, Steven Estes and Henry Holmes, pro se Appellants. See NOTICE OF DISCONTINUANCE OF ACTION from the Superior Court of Pennsylvania filed August 5, 2010. 8/4/2010 Letter, filed. No Judge, 8/9/2010 The Motion to transfer to proper venue will Curcillo, Deborah Essis not be entertained. See COMPLETE ORDER, filed. Copies distributed 8/10/10. 8/19/2010 Motion to transfer to proper venue No Judge, (county), filed. 9/16/2010 Praecipe to Transfer to Proper Venue No Judge, County, filed. 9/20/2010 The Praecipe to Transfer Proper Venue Curcillo, Deborah Essis County filed September 16, 2010 by plaintiffs will not be entertained. Plaintiff must file a Certificate of Readiness at the appropriate time. See ORDER filed. Copies Dist By Court 9/20/10 10/13/2010 Certificate of Readiness for Pretrial Motion Curcillo, Deborah Essis filed by plaintiff, Draye Durham pro se. 10/18/2010 Upon consideration of Plaintiffs' Motion to Curcillo, Deborah Essis Transfer Proper Venue County, it is hereby ORDERED AND DECREED that the Motion is GRANTED. The Prothonotary of Dauphin County is ORDERED to transfer the case to Cumberland County pursuant to Pa. R.C.P. 1006. See ORDER OF COURT, filed. Copies distributed 10/18/2010. 10/20/2010 Certificate of Merit as to Kandis K. No Judge, Dascani, filed. Certificate of Merit as to David A. Varano, No Judge, filed. Certificate of Merit as to Tony Miller, filed. No Judge, Certificate of Merit as to Dorina Varner, No Judge, filed. Certificate of Merit as to Jeffery A. Beard, No Judge, filed. 12/15/2010 Transferred / Withdrawn ( Civil Action) Curcillo, Deborah Essis AOPC MONTHLY CIVIL COURT STATISTICAL REPORT DATA User: LGARCIA Date: 12/15/2010 Time: 02:32 PM Page 6 of 6 Dauphin County Complete Case History Case: 2010-CV-03717-CV Draye Durham, etal. vs. Jeffrey A Beard, etal. Register of Actions 12/15/2010 '*`*NO MORE ENTRIES CASE TRANSFERRED"' TO THE COURT OF COMMON PEAS OF CUMBERLAND COUNTY V r 1 eJ1 L iJ l I hereby certify that the oing is a true and correct copy o h original filed. a Prgt if C No Judge, User: LGARCIA IN THE; COUR'T' OF COMMON PLI?AS DAUPEIIN COUNTY, PFNNSY'I.V:k.NI.A 0 No. (901.0 ..._cv_ .. .....__............. Civil Action - CLASS ACTION Medical.Professional Liability Action JEFFREY A. BEARD, (DOC) 2520 LISBURN ROAD P.O. BOX 598, CAMP HILL PA 17001-0598• DRAYE DURHAM, EV-5273, 1 KELLEY DRIVE COAL TOWNSHIP, PA 17866-1021. STEVEN ESTES, FR-0288, 1 KELLEY DRIVE COAL TOWNSHIP, PA 17866-1021. vs HENRY HOLMES, CQ-6550, 1 KELLEY DRIVE COAL TOWNSHIP, PA 17866-1021. KANDIS K. DASCANI, 1 KELLEY DRIVE, COAL TOWNSHIP, PA 17866-1021. R'f q' b Plaintiff(s) chi Address(es) Defendant(s) & Addresges) =0 P&NEt:IPE FOR vVRrr OF SUMMONS ? DORINA VARNER, (COG) 2520 LISBURN ROAD P.O. BOX 598, CAMP HILL PA 17001-0598. TONY MILLER, (PCI) 2520 LISBURN ROAD P.O. BOX 47, CAMP HILL PA 17001. DAVID A. VARANO, 1 KELLEY DRIVE, COAL TOWNSHIP PA 17866-1021. ?. 'I'O TIII PROTTiONOT'A.RY OF SAID COURT: _ Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to ? Attorney SSherif ao -!? 1 ..__.._........ _ _.... _. _ ............_ _ ...................... __ Signature of Attorney Supreme Court ID No. _ ___ Date: Namc/Address;"I`elephoneNo,of Attorney DRAYE DURHAM, EV-5273, pro se, 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021. WRIT OF SUMMONS TO TIII ABOVE: NAMED DEPENDAN'T'(S) YOU ARE NOTIFIED THAT TIIE ABOVE-NAMED PLAINTIFF(S) II AS./IIAVI C JM? FNCI D AN AC'T'ION AGAINS'T' YOU. Date: APR 0 7 2010 ____ __.. by Deputy ? Check here if reverse is issued for additional information. Prothon. - 55 DRAYE DURHAM, and STEVEN ESTES, and HENRY HOLMES, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS : SIMILARY SITUATED, Plaintiffs V. JEFFREY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, and DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS, and TONEY MILLER, DIRECTOR OF PENNSYLVANIA CORRECTIONAL INDUSTRIES, and DAVID A VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP, and KANDIS K. DASCANI, CORRECTIONS SUPERINTENDENT ASSISTANT, Defendants NOTICE Civil Division Civil Action No. (?V 3111 Class Action CV Jury Trial Demanded t.? r YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action. within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further Notice for any money claimed in the Complaint IN THE COURT OF COMMOM PLEAS FOR DAUPHIN COUNTY, PENNSYLVANIA t it or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 t t' IN THE COURT OF COMMON PLEAS FOR DAUPHIN COUNTY, PENNSYLVANIA CIVIL DIVISION 4 JEFFREY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, and DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF . CORRECTIONS, and - TONEY MILLER, DIRECTOR OF PENNSYLVANIA CORRECTIONAL INDUSTRIES, and DAVID A VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP, and KANDIS K. DASCANI, CORRECTIONS SUPERINTENDENT ASSISTANT, Defendants COMPLAINT IN A CIVIL ACTION 3MO r ?,Y AND NOW, comes the Representative Plaintiffs, individually and on behalf DRAYE DURHAM, and STEVEN ESTES, and HENRY HOLMES, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARY SITUATED, Plaintiffs v. of all other Plaintiffs-inmates similarly situated, by and through as Representative Civil Action No. X1010 Cy Class Action - 371'1 CV Jury Trial Demanded Plaintiffs, pro se, and in support of their claims against Defendants, Jeffrey A. I t % Beard ("Secretary of Corrections"), Dorina Vamer ("Chief Grievance Officer"), Toney Miller, Director of Pennsylvania Correctional Industries ("PCI"), David A. Varano ("Superintendent"), and Kandis K. Dascani ("Superintendent Assistant"), allege and state: JURISDICTION This is a Class Action Law Suit filed in this Honorable Court's original jurisdiction. Pursuant to 42 Pa.C.S.A. §931 and 42 Pa.C.S.A. §1701 et seq. This Honorable Court has jurisdiction to entertain this Class Action lawsuit. SUM IARY OF THE CASE In 2009, the Federal Government mandated by law that all television " signals were to be changed from analog to a digital broadcasting signal. On August 13, 2008, in preparing for this mandate, Secretary of Corrections issued a memo that effective April 1, 2009, that all analog televisions and antennas must be sent home or destroyed (See Exhibit A). On May 4, 2009, with an effective date of May 29, 2009, Secretary of Corrections issued a policy change in the way of a updated DC-ADM 815 policy, which stated in part that if an inmate chooses to purchase a digital television that a digital antenna is necessary to receive free over-the-air programming. (See I ~ Exhibit B, page 2-2 Section 4(c) ). 2 A Before this policy, coming into effect an inmate could receive free over- the-air programming with ones old television and antenna. Thereafter, the implementation of this new policy requiring inmates to send home or destroy perfectly good televisions, under the perception that inmates could no longer receive an analog signal is disingenuous. (See Exhibit C), (a letter from local television provider WBRENNOU, which states in part that they "will continue to operate with analog signals for several years although the FCC has not clearly stated the timetable"). Defendants through this new policy are requiring Representative Plaintiffs, individually and on behalf of Plaintiffs-inmates similarly situated, to purchase a product under false and disingenuous representation. This representation is that in fact if Representative Plaintiffs purchase the advertised Artec Digital Antenna, they would be able to receive free over-the-air programming. Representative Plaintiffs individually as well as Plaintiffs-inmates similarly situated are not allow to view their newly purchased digital televisions with the assistance of the advertised digital antenna, the free over-the-air programming, as required by federal law. The new digital antenna fails to produce and deliver as claimed and/or advertised by the Secretary of Corrections individually and working in concert with all other defendants to implement policy DC-ADM 815. 3 Representative Plaintiffs individually and with Plaintiffs-inmates similarly situated been deprived and/or continue to be deprived of receiving free over-the- air programming that which is federally mandated to be free, through deceptive, fraudulent and strong-arming practices. PARTIES 1. Plaintiff Draye Durham, EV-5273, is an inmate currently incarcerated at the State Correctional Institution at 1 Kelley Drive, Coal Township, PA 17866-1021, who during the period in question has been in the custody and control of the Department. Plaintiff Durham has exhausted all administrative remedies. (See Exhibit D). 2. Plaintiff Steven Estes, FR-0288, is an inmate currently incarcerated at the State Correctional Institution at 1 Kelley Drive, Coal Township, PA 17866-1021, who during the period in question has been in the custody and control of the Department. Plaintiff Estes has exhausted all administrative remedies. (See Exhibit E). 3. Plaintiff Henry Holmes, CQ-6550, is an inmate currently incarcerated at the State Correctional Institution at 1 Kelley Drive, Coal Township, PA 17866-1021, who during the period in question has been in the custody and 5 t f 6. Defendant Toney Miller, Director of PA Correctional Industries is a subdivision of the Department of Corrections a Commonwealth Agency, located at 2520 Lisburn Road, P. O. Box 47, Camp Hill, PA 17001, who during the period in question, has engaged in the sale of an inadequate digital antenna. Defendant Toney Miller, individually and working in concept with all other defendant is liable for failing to correct these deceptive, fraudulent and strong-arming business practices. 7. Defendant David A Varano is an employee of a Commonwealth Agency, located at 1 Kelley Drive, Coal Township, PA 17866-1021. Defendant Varano, during the period in question has and is currently employed by the Department in his official capacity as Superintendent at SCI- Coal Township. Defendant Varano individually and working in concept with all other defendants is liable for failing to correct these deceptive, fraudulent and strong-arming business practices, as well as engaged in making localized policies. 8. Defendant Kandis K. Dascani is an employee of a Commonwealth Agency, located at 1 Kelley Drive, Coal Township, PA 17866-1021. Defendant Dascani, during the period in question has and is currently employed by the department in her official capacity as Assistant to the Superintendent at 7 e SCI-Coal Township. Defendant Dascani individually and working in concert with all other defendants is liable for failing to correct these deceptive, fraudulent and strong-arming business practices. STATEMENT OF THE FACTS 9. This Class Action has been filed by the Representative Plaintiffs of SCI- Coal Township. Defendants are engaged in the unlawful sale of an inadequate digital antenna, by false and disingenuous claims that this digital antenna will in fact allow Representative Plaintiffs individually and with Plaintiffs-inmates similarly situated, to receive free over-the-air programming, but one must purchase it to be able to use their new digital televisions. 10. Thereafter, Representative Plaintiffs did in fact purchased and/or used a digital antenna with their newly purchased digital television, which Representative Plaintiffs discovered that in fact the digital antenna being sold by the defendants was and continues to be inadequate, (i.e. the defendants have not and are unwilling to offer any remedies except the current digital antenna, forcing individuals to purchase this inadequate digital antenna) and that the Representative Plaintiffs could not receive any 8 e free over-the-air programming with this digital antenna as advertised by the % defendants. (See Exhibit A & B) 11.Thereafter, Representative Plaintiffs brought it to the attention of the defendants, since on a prior occasion the defendants individually and working in concert with one and other did fix an earlier problem with the digital television set that were sold. Representative Plaintiffs believed in good faith that the defendants since they replaced the inadequate/defective digital television that were sold with a better digital television, that the defendants would do the same with this inadequate digital antenna, (i.e. the I' defendants have not and are unwilling to offer any remedies except the current digital antenna, forcing individuals to purchase this inadequate digital antenna). 12. Thereafter, the defendants realizing of this inadequate antenna, which was brought to their attention in good faith by the Representative Plaintiffs. Yet, the defendants have failed to correct this problem and continue to sale this inadequate digital antenna, (i.e. the defendants have not and are unwilling to offer any remedies except the current digital antenna, forcing individuals to purchase this inadequate digital antenna). 9 e 13. Representative Plaintiffs have and continue to seek a resolution to this illegal act, by filing through the Departments grievance process, with no resolution, the defendants have continue to sale this inadequate digital antenna, and refused to correct this problem, (i.e. the defendants have not and are unwilling to offer any remedies except the current digital antenna, forcing individuals to purchase this inadequate digital antenna). (See Exhibit D. E & F). 14. Thereafter, the defendants instead of replacing this inadequate digital antenna with a better model digital antenna, and/or one of the reasonable 4 solutions proposed by the Representative Plaintiffs, continue to strong-arm Representative Plaintiffs individually and with Plaintiffs-inmates similarly situated into having to pay $16.50 a month in order to receive what federal law requires to be free. 15 . The defendants' failure to correct this problem, has wrongfully withheld Representative Plaintiffs the right to view their newly purchased digital televisions and free over-the-air programming, as was represented to them by these defendants in their memo dated August 13, 2008, and revised policy DC-ADM 815 dated May 4, 2009, (See Exhibit A & B). IV 10 16.The defendants failure to correct the problem of allowing Representative Plaintiffs the right to view the institutional free programs for both movies and educational programs over the institutional free channels without having to sign a contract to pay $16.50 a month. Everything shown on the institutional channels is paid for through the IGWF, and is advertised as free to all inmates yet, Representative Plaintiffs are being strong-armed into signing a contract with the defendants and are charged $16.50 a month to view again what is advertised as free. 17. The defendants never posted and/or informed the Representative Plaintiffs I f through a disclaimer that there is no guarantee that Representative •' Plaintiffs would receive the same amount of channels and/or receive fewer or no channels at all. The actual advertised memo has no disclaimer at all, (See Exhibit G). In fact, the defendants' memo dated August 13, 2008, and the revised policy DC-ADM 815 dated May 4, 2009, clearly stated an antenna is necessary to receive free over-the-air programming. (See Exhibit A & B). CLASS ACTION ALLEGATIONS 18. Representative Plaintiffs believe and, therefore, aver that: a. Defendants are strong-arming Representative Plaintiffs into signing a contract that requires Representative Plaintiffs to pay $16.50 a month 1I to view their digital televisions for what federal law requires to be free; and b. Defendants are strong-arming Representative Plaintiffs into signing a contract, that requires Representative Plaintiffs to pay $16.50 a month to view the free institutional channels that is funded and paid for through the IGWF; and c. Defendants are engaged in fraudulent and deceptive business practices, in the sale of an inadequate antenna that does not allow Representative Plaintiffs to receive free over-the-air programming as the defendants had advertised. 19. The class of Plaintiffs-inmates is so numerous as to make it impracticable to bring all members before the Court. The exact number of similarly situated Plaintiffs-inmates is unknown to the Representative Plaintiffs but j' R may be determined from the records maintained by the defendants. In many instances, such Plaintiffs-inmates are unaware that claims may exact on their behalf. In that contains there is no need for a separate suit, but as a class these claims do economically justify legal action 20.The predominating questions of fact presented included: a. Whether the defendants have taken any steps to correct the problem of an inadequate antenna being sold by them? b. Whether the defendants have taken any steps to correct the problem that 99% of the population cannot receive the free over-the-air programming as advertised by the defendants? c. Whether the defendants have taken any steps to correct the problem that would allow all inmates access to the institutional channel on their 12 V personal televisions paid for through IGWF without having to pay $16.50 a month for two channels? 21.The predominating questions of law presented include: a. Whether the defendants are acting with Deliberate Indifference, when notified of the inadequate antenna by continuing to sale this inadequate product under false pretenses? b. Whether the defendants are strong-arming, Representative Plaintiffs into paying for what federal law requires to be provided free? c. Whether the defendants are involved in and continue to participate in fraudulent business practices by the sale of an inadequate digital antenna? d. Whether the defendants are strong-arming Representative Plaintiffs into paying for what is already paid for by the IGWF? 22.A Class Action will provide a fair and efficient method to adjudicate this controversy since the claims of the class members are virtually identical in that they raise the same questions of law and require the same kind of evidentiary proof. 23. Representative Plaintiffs believe and, therefore, aver that there are no unusual legal or factual issues, which would create manageability problems. 24. Representative Plaintiffs believe and, therefore, aver that because many class members are unaware of their claims, and because an individual suit T would not correct this problem, a class action is the only proceeding in 13 which class members can, as a practical matter recover. If pursued as an individual claim this action could substantially affect the rights of similarly situated Plaintiffs-inmates and in addition, defendants might continue their actions in other institutions against other inmates, varying adjudications. 25 -Representative Plaintiffs are unaware of any other litigation in Pennsylvania challenging the defendants' practices as set forth in this Complaint. COUNT I CLAIM OF DELIBERATE INDIFFERENCE 0' 26. The averments of the Representative Plaintiffs in Paragraphs 1 through 25, a W. inclusive, of this Complaint are incorporated herein by Reference. 27. The defendants individually and working in concert are obligated to take any steps necessary to correct the problem of the inadequate antenna that they have represented to allow Representative Plaintiffs to receive free over-the-air programming when they now know this inadequate antenna receives no free over-the-air programming. 28. The defendants individually and working in concert refused to correct the problem of advertising and sale of an inadequate digital antennas, which T has cause 99% of the prison population into purchasing an item/product 14 that does not work, causing a deliberate indifference, forcing Representative Plaintiffs into signing a cable contract to pay $16.50 a month to view what federal law requires to be free. RELIEF REQUESTED WHEREFORE, the Representative Plaintiffs individually and on behalf of all other Plaintiffs-inmates similarly situated, respectfully request judgment against the defendants for: a. Damages in the amount representing the time of the availability of the digital antenna, from June 2, 2009, until present date, at a rate of $16.50 a month. b. Damages for price of the digital antenna, a total purchase price of $12.72 individually. c. Attorney and Fact Fees d. Costs of this suit. COUNT II CLAIM OF STRONG-ARMING AND DECEPTIVE PRACTICES 29.The averments of the Representative Plaintiffs in Paragraphs 1 through 25, inclusive, of this Complaint are incorporated herein by Reference. .A 15 30. The defendants individually and working in concert are strong-arming A Representative Plaintiffs into signing a cable contract in order for Representative Plaintiffs to receive free over-the-air programming. 31. The defendants individually and working in concert are obligated by federal law to provide free over-the-air programming to all Representative Plaintiffs individually and Plaintiffs-inmates similarly situated without requiring Plaintiffs to sign a contract at a rate of $16.50 a month. 32. The sale of an inadequate digital antenna and the refusing to correct this problem by the defendants individually and working in concert, have the it defendants individually and working in concert engaged in strong-arming tactics on the Representative Plaintiffs, as well as the defendants are engaged in deceptive business practices. RELIEF REQUESTED .! r WHEREFORE, Representative Plaintiffs individually and on behalf of all other Plaintiffs-inmates similarly situated, request judgment against the defendants for: a. Discontinue the sale of the current Artec Digital Antenna. (See Exhibit G) 16 b. Add a better quality digital antenna that will have the ability to receive a digital signal from the local TV station. (See Exhibit C) (i.e. RCA Indoor Amplified Antenna (ANT 525) item Number 4395). c. Attorney and Fact Fees d. Costs of this suit. COUNT III CLAIM OF FRAUDULENT BUSINESS PRACTICES 33.The averments of the Representative Plaintiffs in Paragraphs 1 through 25, inclusive, of the Complaint are incorporated herein by Reference. C 34. The defendants individually and working in concert are engaged in r* fraudulent business practices that involve the advertisement of a product and sale of this product that they know is inadequate to accomplish that which the defendants individually and working in concert have advertised. 35 . The defendants individually and working in concert are obligated by federal law as well as state law to not engage in fraudulent business practices. In addition, the defendants individually and working in concert are required to correct and replace any products that do not meet the standards as advertised. a i 17 36.By refusing to replace the inadequate digital antenna after being informed by the Representative Plaintiffs, that the digital antenna does not meet the standards as advertised by the defendants individually and working in concert, the defendants individually and working in concert have clearly engaged in fraudulent business practices. RELIEF REQUESTED WHEREFORE, Representative Plaintiffs individually and on behalf of all I C other Plaintiffs-inmates similarly situated, request judgment against the defendants for: a. Punitive damages in the amount of $5,000.00 to be paid individually. b. Provide a digital antenna that has been tested and proven to receive free over-the-air programming in each institution where that antenna is being sold from the Commissary. c. Attorney and Fact Fees d. Costs of this suit. COUNT IV CLAIM OF STRONG-ARMING & DECEPTIVE PRACTICES A 37.The averments of the Representative Plaintiffs in Paragraphs 1 through 25, inclusive, of the Complaint are incorporated herein by Reference. 18 38.The defendants individually and working in concert are requiring the Representative Plaintiffs to pay for what the IGWF already pays for. 39. The defendants individually and working in concert have refused to allow Representative Plaintiffs access to the institutional and educational channels that are already paid for through the IGWF. 40.By forcing the Representative Plaintiffs to sign a cable contract and pay $16.50, a month is already paid for through the IGWF. This is also required to be provided free to Representative Plaintiffs but is not. RELIEF REQUESTED 4 WHEREFORE, Representative Plaintiffs individually and on behalf of all ? M other Plaintiffs-inmates similarly situated, request judgment against the defendants for: a. Damages in the amount representing the time in which the defendants have charge Representative Plaintiffs to view the institutional channels that are paid for by the IGWF, at a rate of $16.50 a month b. Block out all cable scribed channels to allow Representative Plaintiffs individually and with Plaintiffs-inmates the ability to view the free institutional channels, which are paid for through IGWF. t c. Attorney and Fact Fees s 19 d. Costs of this suit. I In addition, any other relief that this Honorable deems necessary. (4" Dated: T5110 J Respectfully Submi d, (ql--o Drave rham Steven Estes of Representative Plaintiffs and Class Plaintiffs 20 i VERIFICATION I, DRAYE DURHAM, STEVEN ESTES, HENRY HOLMES, (4 •o Res ectfully Submi d, '6a Representative Plaintiffs and Class Plaintiffs REPRESENTATIVE PLAINTIFFS, SWEAR/AFFIRM UNDER THE PENALTIES PROVIDED FOR UNDER 18 Pa. C.S.A. §4904 THAT THE FACTS CONTAINED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. Dated: ?4/m 21 /"' 2 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of the foregoing document(s) were served upon Stephen E. Farina, Prothonotary for Dauphin County, this day causing same to be deposited in the United States Postal Service, which service satisfies the requirements of Pa.R.Civ.P., Rules 1007 and addressed as follows: Stephen E. Farina, Prothonotary Dauphin County 1' Floor, Courthouse Front & Market Street P.O. Box 945 Harrisburg, PA 17108-0945 Dated: ?Z2?o ?r r `i Respectfully Submi ed, Representative Plaintiffs and Class Plaintiffs R IN THE COURT OF COMMON PLEAS FOR DAUPHIN COUNTY, PENNSYLVANIA CIVIL DIVISION DRAYE DURHAM, and STEVEN ESTES, and HENRY HOLMES, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARY SITUATED, Plaintiffs V. JEFFREY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, and DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS, and TONEY MILLER, DIRECTOR OF PENNSYLVANIA CORRECTIONAL INDUSTRIES, and DAVID A VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP, and KANDIS K. DASCANI, CORRECTIONS SUPERINTENDENT ASSISTANT, Civil Action No. Class Action Jury Trial Demanded Defendants REPRESENTATIVE PLAINTIFFS' ACCOMPANYING EXHIBITS r EXHIBIT A - AUGUST 13, 2008 MEMO z EXHIBIT B - REVISED POLICY DC-ADM 815 EXHIBIT C - LETTER FROM LOCAL TELEVISION STATION EXHIBIT D - GRIEVANCE PLAINTIFF DURHAM A EXHIBIT E - GRIEVANCE PLAINTIFF ESTES EXHIBIT F - GRIEVANCE PLAINTIFF HOLMES EXHIBIT G - ACTUAL PUBLISHED iI ADVERTISEMENT OF ARTEC DIGITAL ANTENNA EXHIBIT "A" f F ©ep4ctrnent +?f Co?rretons Q?lae o1'the.3t A1% . ;. 4: jur ..::.. ::??' - ::?cr. Abdr mit t t? IY.MWA ¦ 1 V-4"- ow w moka EXHIBIT "B" a °f POLICY STATEMENT Commonwealth of Pennsylvania * Department of Corrections Policy Subject: to Issueo Items, and Commissary/Outside Purchases Date of Issue: Authority: May 4, 2009 Signature on.File Jeffrev A. Beard. Ph 1. AUTHORITY Policy Number: DC-ADM 815 Effective Date: May 29, 2009 The Authority of the Secretary of Corrections to direct the operation of the Department of Corrections is established by Sections 201, 206, 506, and 901'-B of the Administrative Code of 1929, 71 P.S. §§61, 66, 186, and 310-1, Act of April 9, 1929, P.L. 177, No. 175, as amended. 11. APPLICABILITY This policy is applicable to all Department facilities with regard to Inmate person property, basic and state issued items, inmate commissary privileges, outside purchases, and the operation of a commissary,. or contracting for the operation of a commissary. III. POLICY It is the policy of the Department to ensure: A. indigent inmates are provided with basic hygiene items;2 B. inmates are provided with basic clothing items at the time of their reception and throughout their confinement;3 C. inmates are provided the opportunity to purchase a reasonable variety of items in addition to those furnished by the facility; 2-MI &12 24.4342 3 4-4336 DC-ADM 815, Personal Property, State Issued hems, and Commissary/Outside Purchases Procedures Manual Secdon 2 - Corm»Issary and Outside Purchases Deputy Secretary for a waiver to not sell these items. Approval of these requests by the Regional Deputy Secretaries shall be in writing with a copy provided to the Bureau of Administration. 4. Exceptions a. An inmate will be permitted to keep no-longer-permitted items, with the exception of civilian clothing items, as long as the item(s) were noted on the inmate's 004 53, Personal Property Inventory as of the effective date of the previous DC-ADM 815, dated May 12, 2008, and the policy bulletins issued. -b. When an inmate transfers to a facility that does not permit an'item previously approved at another.facility, the inmate will be permitted to keep: the item, as long as the item is noted on the inmate's DC-153 as noted above, with the exception of tobacco products when an inmate is transferred to a tobacco free facility. Once the item Is no longer useable it may not be replaced. c. Effective August 1, 2009, all analog televisions (and the television's antenna). that are not operable due to not being connected to cable television or connected to a converter box, must be shipped to a person designated by the inmate at the inmate's expense or destroyed (even If the Item is listed on the inmate's DC=153). If the Inmate chooses to purchase a digital television and an antenna is necessary to receive free over-the-air programming, helshe may purchase the antenna through the commissary. 5. Pricing a. Commissary prices will be determined by the Centralized Commissary Committee and updated upon changes of pricing and/or additions to the Approved Cl Catalog. The Inmate General Welfare Fund (IGWF) will receive a 4.75% commission from commissary sales. b. State sales tax and other applicable taxes shall be paid by the inmate. 6. The Property Office shall test each electronic item to ensure that it functions. After the item is tested and it is accepted by the inmate, the Property Office will use an engraving tool to mark the inmate's name and DC number on the item. This provides a method of determining ownership during searches and/or if the item is reported stolen. All electronic items mill be searched for contraband and the tops of all screws used in .the item will be painted over in order to determine if the item is subsequently tampered with. 7. The Property Office will track the number of shoes and sneakers that are delivered to the inmate, for compliance with the purchasing limitations on these products. 2-2 EXHIBIT "C" Dear viewer. WBRE and WYOU have been broadcasting at full power since November 2005. WBRE-DT is on VHF-11 and WYOU-DT is on VHF-13 but they will show up as 28.1 and 22.1 on most DTV converter boxes and TVs. Some TVs or converters will lock better/quicker if you enter 11 or 13 directly and they'll then find 22.1/28.1 Both WYOU-DT and WBRE-DT transmit from Penobscot mountain. WBRE-DT and WYOU-DT are both on the WYOU tower and transmit from one antenna array located on Penobscot Mt. near Mountain Top PA, about 4 miles south of downtown Wilkes-Barre. The FCC assigned VHF brequencies and at a power level that was designed to cover our existing viewing area. We petitioned the FCC for increased power and the FCC granted it. WBRE-DT and WYOU-DT transmit at 10 times the power originally allocated to them. Channel 28 and Channel 22 transmitters were turned off on February 17th 2009. One of the most common problems viewers encounter when setting up their TV converter or digital TV has to do with the type of antenna being used. Specifically, you will need a VHF of VHF/UHF antenna for WBRE(WYOU. If you are using only a set-top antenna then you may need to use a roof top antenna. The antennaweb.org site will calculate distances to our transmitters and help in antenna selection. WBRE and WYOU also have translators in select places to enhance coverage. Translators, mentioned below under "From the FCC", will continue to operate with analog signals for several years although the FCC has not clearly stated the timetable. Our translators are: Pottsville: WBRE ch-24, WYOU ch-66 Williamsport: WBRE ch-30, WYOU ch-26 Clarks Summit: WBRE ch-51, WYOU ch-19 Stroudsburg: WBRE ch-64, WYOU ch-60 Waymart: WBRE- ch-47, WYOU ch- 35 Here are a few links that may help out: The Government also provides assistance on the telephone at 1-888 DTV 2009 (888-388-2009) and 1- 888-call-FCC (888-225-5322). Useful Links: http://www.fcc.goy/mb/engin?g/mgps/ hilp://www.dtv.go v/ haps://www.dtv2009.go v/ This site has phone numbers of suppliers such as Radio Shack, 1-877-RS- DTV-4U (1-877-773-8848) http://www.dtvanswcrs.com/ http://www.tvfool.com/ This site shows or signal coverage. http://www.antennaweb.otWaw/welcome.=x http://www.ntia.doc.gov/ntiahome/press/press dtv.html http://www.hdtvi2rimer.com/ http://www.solidsignal.com/antenna selector.asp From the Federal Communications Commission: If you purchase a digital-loo-anaiog.converter box to watch digital broadcasts on an analog TV and also wish to continue watching analog LPN, Class A, or TV translator stations, you should purchase a converter box with "analog pass-through" capability, which allows analog broadcast signals to pass through the converter box to be tuned by your analog TV. NTIA s N Converter Box Coupon Program has certified converter box models that have analog pass-through capability. A current list of coupon-eligible converter boxes is available at httcs:/twww ntledt,/ gov/cecb list.cfm. The converter box models that have analog pass-through capability are noted on the lint with an asterisk next to them. In addition, NTIAwill mail a list of current coupon-eligible converter boxes, noting with an asterisk those that have analog pawthrough capability, to each household that recehres converter box coupons. You can also check with your retailer to determine whether the converter box you are purchasing has analog pass*rough capability. If you purchase a dil& -to-analog converter box without analog pawthrough capability, you may have to connect an "A/B switch' and/or a 'signal sputter" to bypass the box if you wish to view analog N broadcasts. Check with the manufacturer of the digital-loo-analog converter box and your retailer if you need instructions on how to connect the box to view broadcasts from both analog and digital stations. hlp:Hwww.fcc.acv/cnb/consumerfacts/DTVandLPTVhtml DTV converter boxes with analog.passAhrough. The NTIA will maintain a list of approved Coupon Eligible Converter Boxes (CECB) to distribute to consumers and participating retailers. The following is the list of approved converter boxes with Pass-through. The manufacturer has indicated that these models are capable of passing analog signals through to the N set APEXM50* CASK CAX-02* DIGITAL STREAM DX8700* DIGITAL STREAM DTX9950* DIGITAL. STREAM DSP7700T* DISH Network DTVPaI* ECHOSTAR TR-40* Jiuzhou DTTS001 * Magnavox TB-100MG9* Phiko TB100HH9* Philco TB150HH9* RCA DTA800B1* TATUNG TDB3001 Venturer STB77e6G1 Gary Taal iewicz-Chief Engineer EXHIBIT "D" DC-804 Pen' COMMONWEALTH OF PENNSYLVANIA FOR OFFICIAL USE ONLY DEPARTMENT OF CORRECTIONS P. O. BOX 598 OFFKNAL INMATE GRIEVANCE CAMP HILL, PA 17001-0598 GRIEVA E NUMBER TO: FACILITY GRIEVANCE COORDINATOR FACILITY: DATE: nAsm FROM: (INMATE NAME A NUMBER) AGT3WNSAIP B-24-03 0114M D. DEISM EY-5273. SI TUR EN WORK ASSIGNMENT: HOUSING ASSIG NT: INSTRUCTIONS:. FB-61 1. Refer to the DC-ADM 804 for procedures on the inmate grievance system. 2. State your grievance in Block A in a brief and understandable manner. 3. List in Block B any actions you may have taken to resolve this matter. Be sure to include the Identity of staff . members you have contacted. A. Provide a brief, clear statement of ?rour grievance. Additional paper may be used, maximum two DC-804 form and one one-sided 02m x 11' page). Stall All INN/ that you we aasldng: Pages (one I State PrUamw in the abaoe None and Ntsrber bring f rN the matter of the DWt• of Carrectlaw and SS.,C.I. Coal Tlowwhip's De bwate ImUffera?. Fraudulent. Deegtive Actions of StL A? PrImX*r8? (including ?f) to push Cable Television in order to vatcfi personal. T.Y9 '8. Priisoner8 within the Dept. of Corractioos Fn snout to DC-AM 815 Policy are allor'n d to pwdme Televinior a for personal Cell viewing. 8cwer, once p vhased within S.C.I. Coal the only way a Prisoner can view any Programs or receive any of signal one suet scberibe to Phase Cable at a Rate of $15.75 a month. Oicreased to $16.508 Oct. 1st) >flithin the Dept. of Corrections and S.C.I. Coal after peaadwm, Priscsiees?s hank the Anterm to the T.Y. receiving nothing, rKM of the Free Local Charnels =oelve any Death Bat, Moth to Priaaa Official, it's being fallen or them to address Or stated Ward =Mth 47W 6AYE 70 PUWMM CABLE IN ? TO HUM 7= TELEMICN". Although "DC-,It1k?I 8 POLICY", S.C.I. C =11S IN Ii ER POLICY' or anv memo's ? dries it state/goote that order for a Pr. coiner to 'l!![S r Subcribe to Cable to match T.Y. or receive any tAm to we a h t e Looa1 Free anels. (is.. ABC, IBC, CBS, POK and Wr..)f Sal l t vetch e• iM>ten one goes to Wal-Mart,, Best Buy or ect.., you purcahae a List actions taken and staff you have contacted, before submitting ails grievance. Sent a letter to Deluty.Supt. 1ycnMian, (No Response) Sent a Letter to Supt. Varano, (No Response) be pressed in Signature of Facility Grievance Coordinator Date i j FaciNty Grievance COOK Nnaor Cagy CANARY - File Copy PINK - Action Return Copy GOLDENROD • Inmate Copy April 2005 GRnVM= PRW PAGR CWj, 2 Tslevisiona, taking it home hooking up the Antenna aid Yawn able to watch You Loan Free Channela, ABC, NBC# FOXg DYD Player and act... The Dept. of. Corrections aid S.C.I. Coal am unftr the False Ptet?e. If a Prisoner piu?awa Digital AY T?? irv Prisoner's T*V. to a f imme Ivan watch there .Y. a Ante?ln prisoners can wag person Television. Rowver, at S.C.Y. Coal a Prisoner receives nothIO no signal and none of the Local ftee Channels under the FCC PrvesduWs of BrOadoasting. The des and this 3nfat?matior?. The Dept. Of Corrections and S.C.I. Coal never D?cloec7 Prisoners D t. Of Corrections And S.C.i. Coal are Fraudulently "CEMW for theme al diiairi so is a Institution DW player that w ies &W CW# EM al ?•, • that play various tines through-out kional game the day that Priscrwars ar+e for ,some roaescm bOi9 charged to watch. when in fact the M' MI* And n ational Programs are paid for ? h Inmate-General welfare Fund and the Sducation.D?t. Hone of the Pree Channels car the Institutional MD Program can be view without a Prisoner subscribing to Cable Television. The Dept- Of Corrections and S.C.I. Coal is well aware of this I ?? wgful• Frandalerot And Deceptive actions, Fail naE?prg thite .action in the beat interest of the Dept. of Correcttiona arid S.C T. Coal financial slain leavirxl PrIsonqrs to for T.V. Signal. Prisons are being Strong pay $15.75 a month to rive any type of Cable for Arm with no other mea* but to purchase Channels that we Free or have.a $185.00--$227.00 T,Y* sit in there pas8ession not able to watch because of the Fraudulent and Deceptive actions of Financial gain by the.dept of Corrections and S.C.I. Coal. There is a meaning solution that can be in place to rectify this wrongful actions by placing a Antenna high up somewhere on the Prison Property Transmit/Relay the Signal to Prisoners within the Institution receive the Local Pro* Channels and be able to watch the Institutional DYD Of Correction and S.C.I. Coal can have the Cable system Bete or the Dept.. Local free Chamla valor up to show all the the FCC Rules and Regulation of Broadcasting and having the Institutional DVD prcgrame, blocking out the other Cable Channels and the Prisoners who wish to purchase the other Aron-Local Free Channels can do so pursuant to DC ADM 402 Policy. WAYE n. DG! MM sx.I. aML / EY-5273 M-61 ?1ay1 DC-ADM 804, Inmate Grievance System f I Attachment B DC-804 COMMONWEALTH OF PENNSYLV IA Part 2 DEPARTMENT OF CORRECTIO P.O. BOX 598 OFFICIAL INMATE GRIEVANCE CAMP HILL, PA 17001 INITIAL REVIEW RESPONSE GRIEVANCE NO. 286602. Draye D. Durham, EV 5273 I SCI COA l F-8-61 8/24/09 following is a summary of my findings regarding your grievance: I am in receipt of your grievance in reference to your belief that the DOC and SCI Coal Township are displaying deliberate indifference, fraudulent, deceptive actions of strong arming prisoners, to purchase cable television in or-der to watch their personal TVs. The institution has no control over the reception that inmates can or cannot receive from their TVs using an antenna. From what I am told that throughout the facility different reception is received. Some inmates receive programming and others don't. We believe that it has to do with the location of the facility in between the mountains that surround us. The s6ggested solution contained is your grievance is not feasible fbr the institution to hook up an antenna and then run cable to every cell within the facility. If inmates do not have cable they can watch the programs provided through the institution channel in the dayroom. I have checked and you are presently paying for cable. Taking all information into consideration your grievance has no merit and is therefore denied. cc: Superintendent Varano Mr. Custer DC-15 Kandis K. Dascani , Corrections Superintendent's Asst. ' J 9N4/09 s _. DC-AM 804, II+lM G AI 311''3Mv APPEAUM GRIM VCB NO. #286602. I Mate Prisoner Draye D. Durham EV-5273, would like to Appeal the Grievance Response of No. 286602 dated, 9/14/09 form ms Kandla K. Dascani Initial Review Response to Superintendent David Varano on this 21st day of September 2009. Within the Initial Review Response, Ms. Dascani, "CLEARLY ADMITS" the D.O.C./SCI-Coal Twp's., Deliberate Indifference, Fraudulent, Deceptive Actions of, Strong Arming Prisoners, including myself to purchase Cable in order to watch personal T.V's. Ms. Dascani, states, "The Institution has no control over the reception that Prisoner can or can not receive from them using an Antenna". This is a Disingenuous statement, because the institution "has" the choice to provide one of the many remedies proposed to them. The Inmates at SCI-Coal Twp. including myself has Unanimously expresses that Inmate. General. Welfare Fund, (IGWF) along with Triumph, (Inmate Organization) join together for this major purchase to generate the funds needed to purchase a system that would allow every Prisoner within SCI-Coal Twp. a Signal or use the current Cable System to provide the Free Local over-the-air channels, Educational Programs and Block Movie Channel, (Which the IGWF is already paying for the general population to receive) to the whole institution. However, all of these Remedies/Proposals have gone on Death Ears because of the willing an knowing of the Financial Gain of the DOC forcing Prisoner to purchase Cable. The DOC/SCI-Coal's staff is stating word of mouth, "YOU HAVE TO PURCHASE CABLE IN ORDER TO WATCH YOU TV. Nowhere within the DC-ADM 81 Policy, SCI Coal Twp s. id house Policy 'or any other Memo's does it state/quote or disclose that in order for Prisoners to watch personal TV's, "a Prisoner must subscribe to Cable to watch there Tv's". I Ms. Dascani also states, "From what I am told that throughout the facility different reception is reviewed. Some Prisoners receive Programming and other don't". How is it possible that "one" Prisoner is given something, (ie.. Free Over-The-Air Local Broadcasting signal-while another Prisoner is not Afforded the same privileges??? This is once again the "Admitted Deliberate Indifference" I have been stating from the beginning and SCI-Coal Twp is doing nothing to address the Prisoner who are not receiving the same signal, (Privilege) which is 99% of the Institution's population. Under the DOC Policies & Procuders, it "Clearly States" that one individual is to be afforded something while another individual is not afforded the same opportunity as the others. Me. Dascani Clearly Admits this statement which is in direct Admission of Deliberate Indifference. As stated in my within my Grievance, when one goes to Walmart, Best buy or ect.., purchase a television. Take it home and hook the TV to the an antenna, they are able to watch the local free over-the-pair channels, (ABC, NBC, CBS, FOX & Ect..),their DVD Players. This is not possible for the TV's and Antennas sold with the DOC/SCI Coal Twp. The DOC/SCI Coal Twp are Deceptively selling Prisoners TV's under the False Pretense. If a Prisoner purchases a Digital TV and Antenna, the Prisoner will be able to watch there Personal TV. The DOC/SCI-Coal Twp., intentionally never disclosed this information so, Prisoner would continue to purchase these items and the Prisoner would be forced to subscribe to Cable, which is the Deceptive Act of Strong Arming for failure to Disclose. The DOC/SCI-Coal Twp. are Fraudulently "CHARGINd" Prisoner for these Local free aver-the-air Channels and the Institutional DVD Player that are played through the day at various times. The DOC/SCI-Coal Twp. is well aware of this Inappropriate, Wrongful, Fraudulent and Deceptive Action, failing to rectify this matter. By keeping this action of inactions in the best interest of the DOC/SCI-Coal twp, for Financial Gain. The DOC/SCI-Coal Twp. are making a great financial gain off the Prisoner by forcing subscription to Cable,(at the current rate of $16.50 a month, approx. 1,000 prisoner subscribe equals a total of $16,500.00, times that by twelve months is a grand total of $198,000.00 a year) to receive any type of signal. Prisons are being Strong Armed and Manipulated by Prison Officials with no other means but to purchase Cable for Channels that the the FCC requires be available for free, or have a $185-$227 TV sit in the Prisoner's possession and not be able to watch because of the Fraudulent an Deceptive actions of Financial Gain by the Dept. Ms. Dascani States, "The suggested solution contained im [in] your Grievance is not feasible for the Institution to hook up an Antenna and then run a Cable to every cell within the facility." This not the remedy I proposed. With all do respect for Ms. Dascani she must of not understood the Remedy I Proposed or just do not care to see this Fraudulent problem rectified for some unknown reason. For whatever unknown reason she proposed another possible remedy that was not feasible just to deny my grievance. My meaningful solution to this matter of Prisoners being Strong Armed and Manipulated into subscribing to Cable TV, that could be put into place to rectify these wrongful Actiqns. This could be accomplished by placing an Antanna/Transfsformer/Relay/Signal Booster up high somewhere on the institutior, grounds. This will satisfy the rules and regulations of the FCC that requires everyone, (prisoner and civilians alike) to receive the local over-the-air Broadcasting Channels and also allow the Prisoners the ability to view the Institutional DVD Programs on there personal TV's with out the subscription to Cable TV. Or the Dept. can use the current cable system to be able to allow all all all prisoners with personal TV's the ability to receive free Local Channels and the institution DVD Channels while blocking out the other Cable Channels. Prisoners would have the choice to either subscribe to Cable TV at the current rate pursuant to DC-ADM 002 Policy or receive just the free Local channels and the Institutional DVD Channels without Charge. These are both very feasible Proposals for two simple reason. Ore, the IGWF and Triumph are willing to purchase and/or provide all funds needed for the sysytem. Two. "This will incur"No Funds" needed b the DOC/SCI-Coal Tw ". It already known to the Dept, ow a system was can be in place to block out some channels, (Premium Channels) while allowing others to still be received by prisoners for their personal TV's. How can some Dept. Official decide that is not feasible due to the price of the system, or whatever unknown reason they coupe up with, when there are two, (2) organizations have offered, (proposed) to purchase the system for the Institution. However, they would rather purchase other things, (Grass & Dirt for recreation fields, remove good weight & add other weights, redo the tracks two years in a row, redo the gym floor over and over again when there is nothing wrong with it and ect...) but not this Cable System or Antenna/transformer/relay/signal booster the would benefit the whole population of SCI-Coal Twp and be in compliance with the FCC in Over-The-Air BroadCasting. This would stop all the Deliberate Indifference, Fraudulent, Deceptive Action of Strong Arming and Manipulating Prisoners to purchase Cable TV. In order for Prisoner to watch their Personal TV's.. Ms. Dascani, also states, If Prisoners do not have cable they can watch the Programing Provide through the institutional Channel in the dayroom" This is not possible for the simple fact that the only programs shown in the dayroom is the Institutional Block Movie. Education Movies/Programs are shown at various times, (10:00. 13:00 and 17:00) times throughout the day but majority of the times (per in house policy) the population is locked in their cell or the Institutional Bloc Movie is on. A copy is attached. The only reason I have Cable is because I am being forced or have my $227 TV sit in possession and not be able to watch, due to this actions of the Department. I have provided You Superintendent Varano with enough evidence Of the -De-pt. Wrongful act of strong Arming Prisoners, my self included. There are multiple Remedies that could rectify this matter... The DOC/SCI-Coal Twp. just have to choose one of the Remedies. Respectfully Submitted 0, c1h 10 Drays D Durh 1 EV' 9/21/09 Ev •-Caa7 C49 Pennsylvania UMM OF CORRECTIONS TO FROM DATE RE Draye Durham EV-5273 F-B-61 David A. Varano Superintendent September 23, 2009 Appeal From Initial Review Grievance #286602 I have reviewed the Initial grievance submitted, Investigation/response provided by Ms. Dascani and Information that you now provide at the Facility Manager Review. I have reviewed your claim that the DOC and SCI Coal Township are displaying deliberate, fraudulent, .deceptive actions of strong-arming prisoners to purchase cable television in order to utilize their personal televisions. As the initial response reflects, this facility has no control what local channels can be picked up via the antennas. We have already reviewed such issues and discovered that various channels are received in different locations within this facility. As Ms. Dascani notes, a great deal of this has to' do with the fact that we are located In the middle of a valley between two mountains. Your suggestion of placing an antenna on the roof tops for better reception is not possible. It is known that the education channels cannot be viewed within the cell without the cable and a subscription to the satellite channels, however, inmates can view the television in the dayrooln If necessary. The Facility Manager finds this grievance to be frivolous and without merit and, therefore, denies same. DAV/jh cc: Deputy McMillan Majors (2) Mr. Custer DC-14 file Counselor Schmid DC-15 File SCI Coal Township I 1 Kelley Drive lCoal Township, Pennsylvania 17866 1570.644.78901 www.pa.gov DC AW 804 IMA28 QRXZVM4M SYB29m UM APV.WQ W GRIBYANM NO. ?A660 I State Prisoner Draye D. Durham EV-5273, would like to Appeal the Disingerms Grievance Response of No. 286602, dated 9/23/0 from Facility Manger Superintanc(:nt David A. Varano's response to Chief., Secretary Office of Inmate Grievance and Appeal on this 28th day of September. Although, Prisoner's have. Limited Rights but this action of Deliberate Indifference, Fraudulent, Deceptive . Actions of "S " Prisoner for "Fin?ngcia,,_1 Gain' is wrongful and- should not be gwred. of, forcing Prisoner to purchase Caber to watch there Personal TV's. Pursuant to DC-ADM 815 Policy, Prisoner are allowed to Purchase TV's an a AlAternla for personal cell. viewiny, after purchase Prisoner''s hook the antenna to the T.V., receiving nothing.., none of the Free Local Channels, (ABC, NBC, CBS, FM Old pct..) under the FCC Rules & Regulations of- Broadcasting. When inquiring to Primes Officials, (ie.. fwd of Mouth, Rrgwwet sl na, advance) it is fallen on Death Ears as if there is "NO Concern" for them to Address only, atatinsj word of 61M. 'ln IN OR011NEt Ow iil1 .'': A thot> h. nowhere with. n .0 r CYO, 7A wot$ft Pn ?a does it state/Quote that in Wilo?? -HMO order for Prisoner's to watch TV#*, a Pr r must subscribe to Cable to receive'any Isooe type of sign4 to. watch the°`tocal ere , Is,.:Xnatitutional DVD Movies and' the Educational oit-Iraffis that are beincl' 'Shotai? ' 'Ex. A, and DOC Policy and. Coal Policy) The DOC/SCI-Coal, Twp. (PCI) is the Merchant, selling Prisoner's TV's under the False Pretense, if Prisoners purchase a Digital T.Y. & Antenna a Person can watch there personal Televisions. However, that is not the case, at SCI-Coal a prison receives nothing, none of the Local Free Channels under the FCC Procedures of Droadcasting,. The DOC/SCI Coal Twp. intentionally never •Diaclq"d" this information before Prisoner's Purchase the Televisions & Antenna, (Caron tt CaUVOW Ftaud) sot Prig would continue to purchase these items and 'Prisoner would be forced to subscribe to Cable or have a M5-227 TV. sit in the possession and not ably: to watch. _ . , ., , : . _ . Although, the DM/SCI-Coal is Stating that is not the cases but "Curly Admitting" in all Facilities Responses that there is a problem but, doing nothing to rc:?ctify the matter. Only, "stating one aunt pure!>ase cable to watch there TI?." How can SCI-Coal Admit to come, by Claarly Stating in there own writing the Deliberate Indifference of some prisoners receive Programming and other's don't. (which is 99% of the institution's Population) How is that possible that one Prisoner is given something, (ie.* free over-the-air local .broadcasting signals) while another Prisoner's is not being Affordt.d the same priviliege??? How can that claim of admission Pte: Frivolous and without Merit??? SCI-Coal is admitting to this action... The DOC/SCI-Coal Twp. can not have it both ways, "C?AN?iflR;" Prisoner's for these Local Free-Over-the-Air Channels (ABC, "we CB9r FM pW . and the Institution DVD Player that are played through out the-day at. various times. (ie.. when in. fact these Movies and Edocational program are Paid far by. the lamate's General Welfai'a Fund for all Inmates to. be able to view). The DOC/SCI-Coal Twp. is well aware of this Inappropriate wrongful, Fraudulent and Deceptive Actions; failing. to correct this Wrong because, this action of inactions is in the best "inbes+eat" of the DOC/SCI-Coal for Financial Gain. The DOC/SCi-Coal is making a Gres 7 nancial Gain off the Prisoner's beitig forced to subscribe to cable, (1e., at the current Rate•of $16-30 a mmth, 4PP& x- 1,000 Prisons +aub=ibe equals a total of $16,300.00, times that by tWalve aontho is a Grand Total of $1984,000.00 a Yearn) to receive any type of signal.. Prisoner are being Strong Arm and Deceived by the Prison Officials by failing to state a Claim upon which a Relief can be Granted for the Prisoner's at.SCI-Coal. This wrongful Action has/is being brought to Prison Official Attention and they are still Selling TV. Antenna's that do not work for this Institution, nor looking into none of the Meaningful Solutions I have pioposed or 83MP" they sales of the item to firxi another Antenna that is Stronger, Better equi d to for the Prisoner's in SCI-Coal instead of stating the Grievance is Frivolous and with out Mert. (1e.. When the Prisoner Isi(including.myself ) brought to the attention the Coby Flat Screens TV's were Defective, Inappropriately Working and not up to standard, the ;DOC/SCI-C7oal done everything in it is power to Rectify that matter ' by stopping the sale of that TV.: testing rsmecons TV's and recalling thew and repl.ac3- then with. options. WWVVer, the same. should apply, in this matters every effort. should be take in order for Prisoner's to be able to receive the Local Free O"ner-Ome-Air Local OWnWils and DVD Prograne, not having to be strong Aged to purchase something that is to be Free in accordance to the FCC Rules & Regulations of Broadcasting or Paid for by the Inmate's General Welfare Fund. The Disingenuous Response that the Superintendent is stating about inmates can view the Movies & Educational Channel in the dayroon if necessary, is not factual. The. times that are set up for the'tlock Move and Edcational Movies are shown at times Prisoner's, (including myself) are in our cells, not allowed. cone to dayroomfat Work, School, Progr4msit Cot* Time,, or,`,at the :same times = the Block-Movie is being showed. There is only one TY'on 'the Block how is that possible... (See Bx B,C,b,E.) I have presented numerous' feasible Remedies through every level of this Complaint/Grievance and only to be fallen on death ears. However, the only Plea left for one to do is Respectfully ask you to step in to correct this matter of this wrongful act being comittied within the Care, Custody and Control of the PA. Depart of Corrections at SCI-Coal. The -meaningful Solutions and Remedies I have Proposed are the same and has not changed through-out this matter of placing a Antenna high up somewhere on the Prison Property that can Transmit/Relay/Signal Booster high in the air within the institutional grounds or the Dept/SCI-Coal can have the Cable System set up to show all the- Local"'F'ree -Chanriel d6der`'the FCC Rule Orocedures of Broadcasting and having the Institutional DVD Programs, blocking out the other Cable Channels and the Prisoner's who wish to purchase the other Non-Local Channels can do-so pursuant to DC-ADM 002 Policy or allow Prisoner's within SCI-Coal to purchase a Stronger, Better equipped Digital Antenna for this matter. DRAYE D.DURHAM SCI-COAL /,EV-5273 l KELLEY DRIVE COAL TOWNSHIP, PA 17166-10al 9/28/09 spectfull Submitted d ?/a o ? / FINAL APPEAL DECISION Secretary's Office of Inmate Grievances & Appeals Pennsylvania Department of Corrections P.O. Box 598, 2520 Lisburn Road Camp Hill, PA 17001-0598 This serves to acknowledge receipt of your appeal to final review for the grievance noted below. In accordance with the provisions of DC-ADM 804, "Inmate Grievance System Policy", the following response is being provided based on a review of the entire record of this grievance. The review included your initial grievance, the grievance officer's response, your appeal to the facility manager, the facility manager's response, the issues you raised to final review, and (when applicable) any revised institutional responses required as a result of a subsequent remand action by this Office. As necessary, input from appropriate Central Office Bureaus (e.g., Health. Care Services, Chief Counsel, Office of Professional Responsibility, etc.) may have been solicited in making a determination in response to your issue as well. Vin' Y,: Dra a Durham EV5273 Coal Township Coal Tf^%%A -^?? ..? 286602 xa i Mv4` V, x b1. O t r; Uphold Response UR The original or revised responses provided at the institutional level are reasonable and appropriate in accordance with Department of Corrections' olio and rocedure. Accordin 1 our final a eal is denied. You have failed to provide any evidence that the DOC and SCI Coal Township are engaging in deliberately indifferent, fraudulent, deceptive actions or strong-arming prisoners to purchase cable television to watch personal televisions. A review of the record reveals that the institution has no control over the reception that inmates may or may not receive on their televisions using an antenna. Different reception is received at different locations within the institution. Some inmates receive programming while other inmates do not. Such variation in reception is more than likely the result of the location of the facility and its surroundings. Regardless of where one may purchase a television and antenna, there is no guarantee that over-the-air channels may be received. Such reception is dependent on location, just as it is at SCI Coal Township. Your suggestion of placing an antenna on the roof of the facility for better reception is not feasible. It is your decision as to whether or not to subscribe to cable. There is no evidence of deliberate indifference or that you are being strong-armed to purchase cable. If you are not able to receive channels using an antenna, you can view the television in the dayroom. Signature: Donna Varner Title: Chief Grievance Officer Date: 10/29/09 DLV/LLS cc: DC-15/Superintendent Varano Grievance Office EXHIBIT "E" DC-804 Part 1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS P. O. BOX 598 CAMP HILL, PA 170o1-0598 FOR OFFICIAL USE ON GRIEVANCE N`/UMB/ ER OFFICIAL INMATE GRIEVANCE TO: CILITY GRI ANCE COORDINATOR FACILITY: 1/09 di5 1/ : T L, Al L FRO • NMATE NAME & N MBER) SIGNATU . of _MAO C. ?, r WORK ASSIGNMENT: HOUSING ASSIGNMENT. %V r5 INSTRUCTIONS: 1. Refer to the DC-ADM 804 for procedures on the inmate grievance system. 2. State your grievance in Block A in a brief and understandable manner. 3. List in Block B any actions you may have taken to resolve this matter. Be sure to include the identity of staff members you have.contacted. A. Provide a brief, clear statement of ,rour grievance. Additional paper may be used, maximum two pages (one DC-804 form and one one-" 8.12" x 11 " page). State all relief that you are Seeking. bw" ;b S ? SCi Gcx+ Sk Arti oor4_ AAA iht .,hw ih L m ' l . om Ca nF w does } A? Slay w „nna?i 4`i ip P, , . M'j bs,N , , rd t,s;?j ?'r lur u sfi fiai?r A ? r A+nI. ? + Ywrvle io ca vW49is A io ?J out' ;,P AM MMWNAS kvdd work Ar, ou. "tip wrvk bir.1C ?j lo mQ t,?h, e r ne ryk ??t Lbmm' me?+?b+K' the . HG i g ^a 3 w11 uA clop, ) tf. AM r? Me- boraww sor?w?15 An*Nwa, At-,d 5t,S2 r+ 4w0 too 'VV M Ctll I'?u? anie g lZ? /??v Aiv wA la ,Sle r 1 / KG N+,Iwrt3N? R f'r'ee lacar+l brow cA3li'rgpl h CeOS, N8C, Nw, . s' r A ?ggicA?? IE!" -flo- der AS"S1h Yo N ant! u =, /G,r Mr?c E76 7?A, dt:3oo is t v re fa be Alt X16" ?,? ? 1 his' . 7aN+e nTn?r ,ti V?la Aj R Aner- A prod f c C I1??lIV? I IZ 775 ?I?? J!i ?d(ESs 1d6. hw?e vi A rtM A,, W rf uess r ?u? av 1?AF >vARS 1? t msaf aiE' s, A f IS?pr ,H?t wcfAt *rs+bkri., A? l1?... +A elt _4M,4 /ocAl ?? s +rr«r1r d W r1t/'8r? A?N IS1 ?tld,ieN+ Cirmmi f , 4-L A*j F ? ihA d & fire t It?hb?.+ l ro 3, fi t tribk s .fir- owe W A IrID tal ChA '? ?° ' f 3Y r? R` fistac+ions taken and staffyou have.. contacted, before submittind this grievance. MCI ?[?1rofe A SlI co 10 SSA?/s (M 'f WST iv I`'` hi ?NWm8rou5 4e. t 9 ' iyw s ?F Your grievance has peen received and will be processed in ;accordanoe with DC-ADM 8V- Signature of Facility'Grieva?nce Coordinator ate WHITE -facility Grievance Coordinator Copy CANARY = File0W PINK - Action Retum Copy GOLDENROD - Inmate Copy Revised Apn12005 DC-ADM 804, Inmate Grievance System DC-804 Part 2 OFFICIAL INMATE GRIEVAN INITIAL REVIEW RESPONSE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS P.O. BOX 598 P HILL, PA 17001 GRIEVANCOE NO. Attachment B 287005 Steven L. Estes, FR-0288 I SCI COA I F-B-2047 1 8/31/09 1 a summary of my findings regarding your grievance: I personally interviewed you on October 5, 2009 to discuss your grievance. We initially discussed the delay in your receipt of the response. I explained to you that your initial grievance tiaras received and assigned to Lt. Rudon for Investigation and response. Upon receipt of your first request slip inquiring about your grievance, Lt. Rudon was provided a copy to remind him of the response due. He advised that he was not in receipt of the grievance that was assigned to him. Later he contacted me to advise that. the original grievance was found and that he would respond. I apologize for the confusion. During our interview you explained to me how you, nor other inmates on F block can receive reception on your TV using the antenna that is sold in commissary. The institution has no control over the reception that inmates can or cannot receive from their TVs using an antenna. I explained from. what I am told that throughout the facility different reception is received. Some inmates receive programming and others don't. We believe that it has to do with the location of the facility in between the mountains that surround us. The Artec Digital Antenna is the only .one approved by the Centralized Commissary Committee to be sold in the DOC facilities. You stated during our interview that TRIUMPH and/or IGWF are willing to pay for every inmate in the facility that doesn't want to pay for cable to get the free channels. As discussed any proposals you have can be run through the appropriate institutional chain of command. As I explained to you that TVs and cable are privileges not rights of inmates who are incarcerated. You explained that you have cable presently but you no longer want to pay for the cable and wanted to get an antenna but after testing cannot get any reception. You also have the option to watch the programs provided through the institution channel in the dayroom. We discussed several issues relative to cable during our interview but the bottom line is you feel that the institution should be responsible to ensure all inmates are able to receive the Over-the-Air free local broadcasting channels that the FCC requires. I explained to you that this is not feasible due to the fact that the institution would have to hook up a digital antenna and then run cable to every cell within the facility. Your grievance is upheld to the point that the institution is aware of the concerns with the reception on some TVs using the antenna. However the grievance is denied on the basis that you think the institution is responsible to ensure that you receive the Over-the-Air free channels. cc: Major G. Miller Lt. Rudon Mr. Custer DC-15 Kandis K. Dascani Corrections Superintendent's Asst. /? cj Q? )\WP ,aL To SUPCKINTENNNT Vlk,MC) ro pvital 1/Ariti ro , Sci GAI tcr,? h;? S?riMf¢I? S4eve L. EsFes ?F0 From arie,,t,Nce Nu: v'?Fi?CX?rJ X Am APP941 +he, &Cisiav of Ins. KAiud;a DASC41tai, to6o prepAred 4he .LwfiAl Review RespaljR,dried b/s/ 09 , it m%j $rievAwe_ ('10WWO. -A,'c A Iii b,ArrAn44ad due- 4o +ha. 4A SG CORI Taws p 'is uPho/a(i0 ?f e C?,rri,l hw 1v1?,? iw, wad f'm"J or 46 Corr?l?r?6 (w),'TG Coq/ 76wtislu e I P ",?C?ec?irca? 'es (? ? oar W A ?i ;nl,arwN At 46c iNmn?^as nAml 4#w kvrwMs C 1(? I??lT=411! rw,itiAl /review ""T" " , A. Arvi ,SAa?ed A Jet" i?t in(diFf V&Ce, Ao art{ pert i?vo? i5 A prabl m w.4= ?A.M, U 6,i 4m1,r? 46 rec it -M mAe- %ey-m 4161. fG e: DX/-;4r4w9l1Pa sb "Awt .i6 ftufJlle r>es irufo i ?` r Chlels {1+e i?C.C.?ifes be gva?Abk ?b wry r;vddUal. i held liar Reap AdZ-," Iw -4he iruS/i"00 is Abgre et -At, &AWLd iav Ae rom 40 J oru 5oW. -ivs usi fl,d t rl?1fip- /r,,.d> )-"-cN i's !lode, vp-Ais rr?, &?y do yap ew"t -lo .ill NS Av&AW4. 7h* F. C.C. picas a i?+dvidwal hive woes /a ? ? ?l over-6ja- & -- &-widc s/i' s 01f (GBsrAA? w)?85, Aw ew, e e4c.) -4hW A ?iw'+ receive. '1Fus ;s ,di a l?r> i'1r?.ANd FrAudvlu? end , Tve td,p,, f //11 Da f ?cr c?AI/ z. By ?ryy4hr^deAm ? Awfmw?;W-,avy ,mod s?A???gq4osU?rhe 40 CAbkt, 40 1 p,p i? your`7s/, Net>'b? *,4dW T . *!,trkd AX/. DDC s AbFI"?rbcles Ad`or o»erv,a(a) does i? a1' idea rrw s{ S;,b,Cribe cAbk by So,r7? /NSillf?vfi ,6 twarE/, ? ! T? Ator wAv dever d kka d wce 0*-V- flans w¢/'t ykced &v -Ap- &+mt*ssAry(-sl. All fllest /YJtma(f) "IA q di"ine+r o / We /1b recoPh oP A ski„ Al, were fx &&Aer prraduv4jCas,verl/erlxrr) A614 /a VAWS. 1?1 -the. R io 5445, `'Ns *4CW# Are wile Abi ff4tls of ,%v,nAtFes who m- i,vcwurw44d; Jflt/?vcr ZA" p4w Arincc of 41am bQ?Na Privilt$os. llor,+tver Me ,'G 11AS /i>?+?avfi/. tht DC ? f15t/?wr1l Aroloo?l,) pAd pt Am lba (Ie?„Ali Guile 'Twme w Savee) pwici 6. 13y *e.sa 616 DC Apt-4 "'a," &P •iha ax, /pest De ADM Roli ayes amwsd kia RS &Ub Po/ii4s, be,'? Public R,jats, r #ruvzrtl hope, i& rl' tit tie chAkw Al error Aollor Abiu-eomplewt (,,iA 4ht6, Palides, ;P" W41, wafwL Amy cl *-t F.CL'.,s Rules 4-R rbus ?/' B?Yardc+?i,?, ?Ilv. vr- AaC `s A? `?ollUtS ,re Me A?lori?wm P! ken QAch r;vi?/i<W, *j musi oGlkw b.d,yd i,{e s, {e. Zs :s'4 N'J"nar" Q.ri wrVW mvs+6, obey ?+,y T1NC lor,r ?cnch r,7?leww,f t1,1 p?o+"r}urt+?N 1r, Add hrthr14 "A to F,'f lucid el' !Ark iNS rlvit, vni.1??s i mod'" The Aria rI Aar"A A the °?f aw. AN ft&d b y .scd G'' rev' y Cerna,Ne to ba<sold iAr C DW 4'Aei/' if t6. "'E S,psrr?+l?a?r ?t or d..aWmm AAy jjrn +h:s Co+?++?Nee s esFs k, be sa/d #04 lNs"a?a -& The CRre W o(l,ae /Zvt?"mS ?1vrd ?9MA,D) S'cwl .wvvsl„P S.?vav/eANAr/ is N/bo to A>?p? hl t. Sr11a o-` A.st wn,? WAS bec"o WA e German, tv:A /tc gph av, As As AA?o er nl iMrfrwA,ut rs A?A;/perk . C? o4r 4>eeru ` deA,ied give e bm.''s 4hd yo, A?,N4 fhe wsl- l lr w l5 /7eS?wwc, A4t to eNSUre A y w t h, .s Ari eNri.,.c a -th receive 46 Oar-+De-Airf'roe c6p.* s: rThe. im-4,, av is iwc. 6eLA..se thty A14w 46ro BAs /b bo *Wd i6 iwm ies evev b 14ey Are r] m.-t o4win ? -4 receiyu% And/ ye?rurll. lpireni vlrt;nr rs rYSa4Sibre lxc.1w?se IhoAre P-re J?.v?iys i?vr» es rrom pyrt?ASuA r?1 An>ftu?,A *ir4 ra:vld bQ Able flu receive A S?Nn? . Q11 1C?Y"? INrrvr4es l?p 4a pur•clm T?J.S KN+V/WVA, Mid A#AV 1 MNrPVW! im&,AIes 4o sobwc,6-t 40 cA*Telarisia??i wriiCh CAuszS -the ir,sul w ?o be rgwsible, i,, VS, INMA?d$ , 4-m ricsirr:va A Sn?wl $ lhav Sloes" the iNs4%+uhw ho vs No arol ewar 4he rtcepka•) r,v m,, Fes giro er eAmmi receivee, fr.", their TJ? Aso nn, Nv6eww/? •'r?3J) -fh s i5 P. clis,unxu s 51+1rtirrK,v?. The rNs-lif,, . , has 4he chair., iv prwrdc, oNe of 4he rr1AAy rovw&;6 pro ad -them. ? T,urnA4 tw ..cAlWeiu'eUFiZ ?Z6?) ar,sd 4he l(TriurnpQlr ixo orb Prov%de o 6CAI CF>A "AS lmd CdlrAlll"- I + LAi'?o WAI R?rrvns which Are AIRAC PArd kr by 4he Qduewl-w Dte4 Ajd Aib)F?i 4hatohole w4i4 qz. Or Allow 46e, inurwks lb Pv,cWcQ A,., ArulCvn #Al hAs 6ee,o 4e6leal gaol PfOeio 4D re,R- +hi Over-The-Ai r 4ree 1"(CI-Aw;a(S wA,;v Atiy gren eP Ake ugh"-oro, Boo Ale W These remedfis hnvt roe. v v DEAF 0485 be?Cr 4hese remedies cmrm--rr4m itimmles AAd Would 44-110-04 P`kCA r *e DOC1SQ674 (lpeX 'PMM aWh 4o u4i Ili.. {},e Gorr %R-) eceph Altl FrAU?I? rncfX5 -k OWAiN A Arnr. -G% 17oc / SCI : I RCS Are dice p h vely 5?/l " al ' 11,41 Tvi wd A vwdcr tKe + o? r#cA%vi Pw Over-4,-Ak-5 wrls J Acy ase r r The %qSa Cc.AlIia Ara #a&41y 4r4 ' /a m,' ble eve, ) 4 hAve i wed (lrtis /nAytrQ,u rr?y ba6,All1, by sod, ie h A ? } ht t? About ,$Altt t he , ?A?a t Te (Sw Gri6i1 A), T,, `+`lis edgier,. --;wts it yrv hove R d?144 rVAtid. ,> A yr? well T 10 bE A66- ftCeivs? O,rer -Hle -Ai r ft? P60, bpi AXWC l A i&r AbOd /I / rem. - #vny r¢.C.le f40ji, blotue ve, x I"urc6weJ +he, M"omZd FW eeNdi r.Afl TV /4AW U4 -the d' rVANr>!NNA Sold ow C?,+,.•??ssv?? L,s? bu4 it A6 pomi 1. T4u DoC t5a Cr.AV?el W y WI -W.- c!(r;sCLWd Me i?/%arr/,r/e nJ •f/arrf ra5riv Afs' ebpi,& e vd, i,r r>r11e. k-0, 11 possibl.+ rereivt w? rec:P 6j, 5o -heir ?,Id aw iiwe b m*vip,4k i;vmnAts r'osu og fv a;6k 7c' Wi'vow- a Frvr, ? opal .rq n ku - Mw 4hrro6hw? fhe,rnci k elii&re u,1 r<ceerav rt rec of d Saint ivowla- re?c av pm .?iwftl ' Algid 0mrs d j, f. flaw i5 46f fuss'i bk., &Z iac/v,a?usr l 4dlt v Ike Wvr?.w (,;•e. Fria. loin/ elm w k) 6t/ & /w 4-w is Aml AlXorcled Ae Mine c?od?uiuify! Thrs ,s A origin mhe ima// ruce., tkWe,- ADM t'oh'u:eS &S Cckd 4&S, ljis /. 99% o,l'?iu SNIA *lq aue! imalivideal is A,of /a recer'vc -%meiwt' eohle, AA,o &,- is tid AAo?d I& Sa ri QED/porluru,`+ iNs-?r?uls-n) i6 NGI Ale & receive A,I,y rec?Kh,, Owd Yh2 ]? gXrCg ltPCErArc wow ?/i*+ /V ' !'tCTrr ?9iS MN? 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A 6vvtws, rtemedieS have bee/v pTposed f could reci1/ ji this PwMy bat they ftw54 be Allowed -to poce,4d 1n Amwnefish their isrJ6.Q . rtc it eA4coN. pennsylvania DOV"ENT OF CORF&MONS TO Steven Estes FR-0288 F-B-2047 FROM David A. Varano Superintendent DATE October 22, 2009 RE Appear From Initial Review Grievance #287005 I have reviewed the initial grievance as submitted, investigation/response provided by Ms. Dascani, and information that you now provide at the Facility Manager Review. Ms. Dascani's response included a personal interview with you on October 5, 2009. Your complaint alleges. that SCI Coal Township is upholding corruptive actions of the DOC and Correctional Industries in obtaining a financial gain at the expense of inmates and their families. In addition, your claim surrounds the defective antenna which is currently being sold by the Commissary. You further'note that IGWF and Triumph are willing to pay for all inmates, who currently do not get channels, to get paid cable through these organizations. Any attempts for these organizations to absorb any costs would need to be processed through the committees themselves for consideration. The only method available to receive clear, uninterrupted broadcasts is via paid cable subscriptions with the cable provider. When the antennas first became available, it was clearly noted on the posting that purchase of this product will not guarantee any number of channels or the reception of such. As Ms. Dascani further advised, it is not possible for the facility to absorb costs associated with insuring digital broadcast is available in every cell location. While the Facility Manager recognizes the frustration of having and utilizing the current brand of digital television antennas, I also find that the facility and the DOC gave proper notice regarding these appliances prior to allowing them for purchase. .I find the initial response to be appropriate and, therefore, uphold at the Facility . Manager Review. DAV/jh cc: Deputy McMillan Deputy Ellett Majors (2) Mr. Custer DC-14 File Counselor Schmid DC-15 File SCI Coal Township 1 1 Kelley Drive ICoal Township, Pennsylvania 17866 1570.644.7890 1 www.pa.gov To: Secretary's Office of Inmate Grievance and Appeals From: Steven L. Estes #FR-0288 Date: 3 November 2009 Re: Final Appeal -- Grievance No. 287005 I am appealing the Facility Manager Review's decision to grievance #287005. The Facility Manager, Superintendent David Varano, is upholding the Corruptive, Deceptive, and Fraudulent methods of the Department Of Corrections (DOC)/ SCI Coal Township (SCICT)/ Pennsylvania Correctional Industries (PCI). these methods being utilized by the DOC/SCICT/PCI are at the inmate's and their families' and friends' expense. Superintendent Varano stated the antennas are "defective" and "recognizes the frustration" these antennas are causing the General Population of SCICT. But there were disingenuous statements made throughout the Review about the DOC/SCICT/PCI gave prior notice to these antennas being sold to the general population. The Superintendent noted this grievance is based on, "SCI Coal Township is upholding" the "corruptive actions of the DOC and Correctional Industries in obtaining a financial gain at the inmates' and their families" and friends. In addition, this grievance "surrounds the defective antennas which is currently being sold by the commissary." However, the Superintendent failed to mention the inmates have been manipulated to subscribe to cable television due to the digital TVs and antennas are being sold under a false pretense. Or how the institution is responsible for the deliberate indifference these digital antennas are causing within the institution. And this is caused by the institution (Superintendent) not suspending the sale of these antennas until the problem has been rectified. The Superintendent (now after the fact) has finally stated, "The only method available to receive clear, uninterrupted broadcasts is via paid cable subscriptions with the cable provider." Nowhere throughout any memo, posting or DOC ADM policy does it mention (or suggest) that the Artec Indoor Non- Powered Digital Antennas "will not guarantee any number of channels or the reception of such." The only disclaimer ever about these new digital products not being able to receive reception of any certain number of channels was for the converter box, not the digital antenna. The DOC/SCICT/PCI are deceptively selling these Digital TVs and Antennas under the false pretense of the ability of receiving reception of the Free Local Over-The-Air Broadcasting Channels (CBS, ABC, NBC, PBS, FOX, CW, & etc.) the F.C.C. requires made available to every individual. Especially, if the inmate purchased the digital TV and antenna. (See Exhibit 8) In this memo (which has been sent to every State Representative who has inquired on my behalf about this matter) if an inmate purchases a Digital TV and Antenna, the inmate would be able to receive a digital signal. However, I purchased the mentioned Flat Screen Digital TV and used the Digital Antenna sold through commissary but to NO AVAIL. The DOC/SCICT/PCI intentionally never disclosed the information that using these digital TV and Antennas, inmates (like myself) would not possibly be able to receive any reception. The DOC/SCICT/PCI could continue to manipulate inmates to subscribe to cable. In the Initial Review Response, a remedy ("Hook up a digital antenna and then run cable to every cell°) that has never been stated by me was included. However, a project like that one could be feasible because there are two (2) organizations within the institution (Inmate General Welfare Fund and TriumpH, an inmate social service organization) are willing to provide the funds needed to purchase a compatible system. By allowing these organization to supply the funds to purchase a SIGNAL BOOSTER (or some equipment) to amplify the incoming signal. This would stop the deliberate indifference and the DOC/SCICT/PCI from utilizing their Corruptive, Deceptive, and Fraudulent methods to manipulate inmates to purchase cable to obtain a financial gain. Although the whole nation has switched to digital cable, the cable offered at SCICT is still analog. Inmates at SCICT can not receive reception of the free local over-the-air digital broadcasting channels due to the antennas sold at commissary. Either allow inmates the opportunity to receive over-the-air digital broadcasting channels or switch the current cable system over to digital. The DOC/SCICT/PCI can not have it both ways. They must allow inmates the opportunity to one of these digital signal. The DOC/SCICT/PCI are well aware of this Inappropriate, Deceptive, and Fraudulent methods being utilized by them and have failed to correct the problem with these antennas. They fail to rectify this matter due to the financial gains obtained by them at the expense of the inmate and their family/friends. The DOC/SCICT/PCI are manipulating inmates to subscribe to cable ($16.50 monthly) to receive any television signal (which is not even digital) or have the digital TV sit and collect dust. There is more than enough evidence to require the DOC/SCICT/PCI to either provide an antenna to receive the digital signals or switch to digital cable. The DOC/SCICT/PCI are deliberately causing a indifference and utilizing CORRUPTIVE, DECEPTIVE, AND FRAUDULENT METHODS to manipulate inmates to subscribe to cable. Ensuring that the only way an inmate can receive any reception is to purchase cable from the DOC/SCICT/PCI. Numerous remedies have been proposed to them to accomplish this but one to these remedies must be allowed to be used. and the one chosen would allow everyone the opportunity to receive a signal and comply with the F.C.C.'s rules and regulations. FINAL APPEAL. DECISION Secretary's Office of Inmate Grievances & Appeals Pennsylvania Department of Corrections P.O. Box 598, 2520 Lisburn Road Camp Hill, PA 17001-0598 This serves to acknowledge receipt of your appeal to final review for the grievance noted below. In accordance with the provisions of DC-ADM 804, "Inmate Grievance System Policy", the following response is being provided based on a review of the entire record of this grievance. The review included your initial grievance, the grievance officer's response, your appeal to the facility manager, the facility manager's response, the issues you raised to final review, and (when applicable) any revised institutional responses required as a result of a subsequent remand action by this Office. As necessary, input from appropriate Central Office Bureaus (e.g., Health Care Services, Chief Counsel, Office of Professional Responsibility, etc.) may have been solicited in making a determination in response to your issue as well. Steven Estes FR0288 Coal Township "A Coal Township ,-1 287005 Uphold Response UR The original or revised responses provided at the institutional level are reasonable and appropriate in accordance with De artment of Corrections' is and rocedure. Accordingly, ur final a eal is denied. In your grievance, you raised concerns about the digital television antenna available for purchase through the commissary. A review of the record reveals that the antenna currently offered through the commissary has been approved for purchase by inmates at all DOC facilities by the Central Office Commissary Committee. The antenna was deemed to be adequate for use by all facilities. However, neither the facility nor the DOC has any control over the reception that inmates may or may not receive using an antenna. Different reception is received at different locations within the facility. Some inmates receive some channels while other inmates do not. Such variation in reception is more than likely the result of the location of the facility and its surroundings. There is no guarantee that free over-the- air channels will be received no matter what type or brand of antenna you may use. The original posting of the antennas available for purchase specifically stated that there would be no guarantee as to the number of free channels that would be available. Such reception is dependent on location, just as it is at SCI Coal Township. Your concerns about organizations being willing to pay for cable for inmates who do not receive free over-the-air channels should be addressed to those specific organizations. Televisions and cable services are privileges, not rights. It is your decision as to whether or not to subscribe to cable and/or purchase a television and antenna. It is not the responsibility of the DOC or the facility to ensure that you receive free over-the-air channels. If you are not able to receive channels using an antenna, you can view the television in the dayroom. There is no evidence that the DOC or SCI Coal Township is engaging in deliberately corruptive, deceptive and fraudulent methods to obtain financial gain. Signature: Donna Varner Title: Chief Grievance Officer Date: 12/14/09 DLV/LLS cc: DC-15/Superintendent Varano Grievance Office EXHIBIT "F" '400 DC-804 COMMONWEALTH OF PENNSYLVANIA Part i FOR OFFICIAL USE ONLY DEPARTMENT OF CORRECTIONS P. O. BOX 598 CAMP HILL, PA 17001-0598 GRIEVANCE NUMBER OFFICIAL INMATE GRIEVANCE TO: FACILITY GRIEVANCE COORDINATOR S FACILITY: S. G-Z DATE: M , S CA-,v i O C, -M Ns P 7 -f FROM: (INMATE NAME & NUMBER) SIGNATURE of INMATE: P-4 44 E.S GQ(oS5'v WORK ASSIGNMENT: $l.K. f: ouCM HOUSING ASSIGNMENT: r -1? -c37 INSTRUCTIONS: 1. Refer to the DC-ADM 804 for procedures on the inmate grievance system. 2. State your grievance in Block A in a brief and understandable manner. 3. List in Block B any actions you may have taken to resolve this matter. Be sure to include the identity of staff members you have contacted. _ A. Provide a brief, clear statement of ur grievance. Additional paper may be used, maximum two pages (one DC-804 form and one one-sided 8-?2' x 11' page). State all relief that you are seeking. 71'14 401& fi e 7'6e-W-/l og/ AV4 -4161MC .4A9 &1A1 f 4A/ OCE .mil- C4Aer-0Uy 7h&t1&,0e7- our- 1»Y ,JJ4,e- /-r 010'-- 7-114 ^o4 6trr WY of 7W ADefec A's Vr- AAa-e~.f x`107' 40"4j- OQZC l F61Z V ezle Wf- / mC r OC4 4 @114Ar r-&J , 77/E -407-vrv "r 7-a 'y u?7f' D16144 JAA0077Jr/,V# &,I OV4,dE !r/???.WeA?c' 70 ACEeleo R 'ezgrlmy ?O?C? ?ffE ? e f , CT/! E ?,?fC.z??o0? C.g a /J /J6e jkto//` 9 Its 'r/?G.So o{,?e ?DAfiih' i iP?/'!L / ?IGY 11 A 4 ' + - 46g,f ?1q-eoL c?X727RTip/1/. -=P4 4CXC4,0j' ^40 'V/' MorvTJYcy ,gOq?p -'ArM C404t- 1A01 0" a .Uwa- 7bA 40 Af 1A//-0W#Z l wiz Avo Aphmw I N O?QO '7t? tJATaV 454,kC T A?q rj- , ?6?/N SIR rte. dlw&e A !i?/ST44777o PrE M,7 A7Qo /6 /lfDAtPr&- J%en 7 6 648CL fit/ s 70 / w / El " e i o iJ -?. E 7,4 Fivo A - Faec£ Ary'a -TOME04a ClAr Q/v? D/6 TE wAr A`oE 6 r ? n, ta47L 737 - die i[?.c?7o?/ ?lMnv .Cec/?rc `rl ?G D!Q/JAL 77r[E7/.v??' gT'S, ?..Z C"'-7V"V4,14 CA ?CGIfW 7Rtyiglr,?r Tb. ?Y/ /?/TJr fi /9 !S /.v im ?q C 71fX !rv-r7i7trTe /, /f? /F #jWW }?C ?f FED ^? 4,7;IZ44r'z 40r1CO ZZAT- " -C&-r 77140 Q?C/6/??y,G GoM itCj`4iC ?QYT?fiit/4 7%*r Aa7WAf To /xC .r/ d ? - ' - .? G ,? C e ,f q? 7 ? 1. S. List actions taken and staff you have 'contacted, before submitting this grievance. 27 wRorE DeAlrY Al c1716(4n/ vN jp' /Q-o 9 AECIW94 A"V0MC6 0Al & --2S--P s VAr IVF jrruF, eF 771, Obsot 6W#&ry Ac. 7,YE ^r6c 00w I, a[?ingL a?,vu?gr Your grievance has en received and will be processed in accordance with DC-ADM 804. q/ /0y Signature o Facility Grievance Coordinator Date WHITE - Facility Grievance Coordinator Copy CANARY - File Copy PINK - Action Return Copy GOLDENROD - Inmate Copy Revised April 2005 DC-ADM 804, Inmate Grievance System DC-804 COMMONWEALTH OF PENNSYLVA Part 2 DEPARTMENT OF CORRECTIONS P.O. BOX 598 CAMP HILL, PA 17001 OFFICIAL INMATE GRIEVANCE INITIAL REVIEW RESPONSE GRIEVANCE NO. Attachment B 287364 TO Inmate Name & DC No. FACILITY HousiNG LOCATION GRIEVANCE DATE Henry Holmes, CQ-6550 SCl COA F-8-37 9101109 The following Is a summary of my findings regarding. your grievance: I am in receipt of your grievance in reference to the Artec Digital Antenna sold at the facility and the administrative fee incorporated into the cost of cable. The institution has no control over the reception that inmates can or cannot receive from their Ns using an antenna. From what I am told that throughout the facility different reception is received. Some inmates receive programming and others don't. We believe that it has to do with the location of the facility in between the mountains that surround us. The Artec. Digital Antenna is the only one approved by the Centralized Commissary Committee to be sold in the facilities. The suggested solution of having TRIUMPH to pay for a digital antenna for the institution is not feasible due to the fact that the institution would have to hook up an antenna and then run cable to every cell within the facility. If inmates do not have cable they can watch the programs provided through the institution channel in the dayroom. The increase in the cable fee from $15.75 to $16.50 is being made by the cable provider, Correctional Cable Television (CCT), permitted by their contract. The administrative fee has always been incorporated into the monthly cable fee since the beginning of the contract with CCT. In the past the administrative fee was. $1.00 but was reduced to $15. This is not what brought about the increase in cable fee. You can read the inmate subscriber agreement form that is available on the housing unit for any questions you have pertaining to the service you signed up for. Your grievance has no merit and is therefore denied. cc: Superintendent Varano Mr. Custer DC-15 Print Name and Title of Grievance Officer SIGNATURE OF GRIEVANCE OFFICER DATE Kandis K. Dascani Corrections Superintendents Asst. 9144/09 1 a . ¦ ¦ y A 1' 01 ,2.1 fd(F-F Form DC-135A INMATE'S REQUEST TO STAFF MEMBER Commonwealth of Pennsylvania Department of Corrections INSTRUCTIONS . Complete items number 1-8. If you follow instructions in preparing your request, it can be responded to more rom tl and intelligently. 1. To: (Name and Title of Officer) S We. o 2. Date: 3. By: (P 'nt Inmate Name and Number) ,6!1r ex 01?1?1' CQ. 6 SSd 4. Counselor's Name cfi?7/ &edAi? 5. Unit Manager's Name Inmate Signature lyle. o. Work Assignment &I.C., 4/4f&or4 7. Housing Assignment ,-_a-? 8. Subject: State our request completely but briefly. Give details. = 4Ae P DE .sv f r cam i e iu w t s o s 7V d 1 ,A(47- &JIM u F v o - .7-, &wl w/j i ov r/6usr i3 60 A u E 6P IV I-V fjDUW i f Of"*Al 70 vc. 141XC P•YG ~.ezaevs 00U E W NNeftr S BE 94J,04w / cE KAWNrJ6-MrJc.,omF, EeIEJ f, w E+Ci 3 / C OArl-IN /D I? firT P f 6L- --d Flo w w To DC-14 CAR only ? To DC-14 CAR and DC-15 IRS ? Staff Member Name / Date Print Sign Revised July 2000 .. TVI I Jr ?O/I?T/N ^ 7 7 ? ,cA WQ- 41rR4_ _O I ?r ,S' S Jro f 25f & f sO .obi /J Ss i . - d "EF?FCTi ? 73/ w/yE.v??A cT[=ltle?d f?? ?` ??„? ?L ?1rfv.?.? /9PicEp .4T LLO 9C WE:: __ G 'Tb s s ' 04 ?r-? 7D 440-a a %V.,e i s, C-= '' ?xAM ?Cvo ?av'!` v i> IO CO HC £n! R c. S Sow D y SCMWS w /Sre gs W S L ewy rat 77ft evp ??J7VM911-/ AMP ? L ?/ TF.nn? 1 t £ AoVT EJe Opt/ /O?CfF. cr ..... : z« W Pennsylvania • D9Wi<TMEW OF COMECTIONS 4W Al TO Henry Holmes CQ-6550 .F-B-37 ©..:ja.U4 ) FROM David A. Varano Superintendent DATE September 28, 2009 RE Appeal From Initial Review Grievance #287364 I have reviewed the initial grievance as submitted, investigation/response provided by Ms. Dascani and Information that you now provide at the Facility Manager Review. I The onl sure wa in which you can receive stations is with paid subscriptions, to _ orrections Cable Televis on The i ea o av n?o ump paY for an antenna is not possible. r The Increase in cable fee is made to the cable provider CCT. The administration fee which the Department of Corrections is paid was actually reduced by $.25 cents from $1.00 to $.75 cents. As stated in the first level response, the cable administration fee is clearly spelled out in the contract which is available on all housing units. The Facility Manager upholds the initial response provided. DAV/jh cc: Deputy McMillan Deputy Ellett Mr. Custer Ms. Wilson DC-14 File Counselor Schmid DC-15 File SCI Coal Township 1 1 Kelley Drive ICoal Township, Pennsylvania 17866 1570.644.71390 1 www.pa.gov In review, Correctional Industries is responsible for the quality of the antenna which is From: Henry Holmes #CQ6550 Grievance #287364 1-KELLEY DRIVE COAL TOWNSHIP PA117866-1021 To: Chief Secretary's Office Of Inmate Grievance and Appeals I am appealing the grievance decision of grievance officer Ms. Kandi K, Dascani and the decision of superintendent Mr. David A, Verano of denying my grievance. the issue is i purchased a Digital Artec antenna through the P.C.I Commissary/ S.C.I Coal Township in the belief of reading a memo that was posted which I've highlighted that clearly states (SEE ATTACHED PAGE) "TELEVISIONS SOLD IN THE COMMISSARY SINCE OCTOBER 2007 WILL RECIEVE THE DIGITAL SIGNAL FOR LOCAL FREE OVER THE AIR TELEVISION PROGRAMING WIHTOUT THE NEED OF A CONVERTER BOX IF YOU HAVE AN ANTENNA", With the response from grievance officer Ms. Kandi K, Dascani and superintendent Mr. David A, Verano the memo posted is under false documentation to misguide inmates to purchase Digital Artec antennas such as myself. It has been established staff at S.C.I. Coal Township are aware that some inmates recieve over the air reception such as NBC,CBS,ABC,PBS,FOX,CW ETC. AND others are subjected to purchase Corrections Cable Television in order to recieve programmings. P.C.I Commissary/S.C.I Coal TOWNSHIP continue to sell Digital Artec antennas with knowing important information of not warning inmates that some may recieve reception and others will not upon purchasing the Digital Artec antenna. I submitted a grievance to the superintendent in requesting a rexaming the current antenna so that S.C.I Coal Township may appeal for a better quality antenna due to the location of this facility. A officer entered my cell unit and stated to remove my antenna from the window due to Coal Township and D.O.C policy, then directed me to read the policy i read the policy and complied with the officer order. With this particular antenna that was the only way to attempt to recieve any reception possible. P.C.I Commissary sold 15" Coby flat screens televisions that were determined deffective and alternative televisions were ultilized throughout certain locations in which the final decision was a 19" Viewsonic flat screen, those same actions taken at that period in time can be used for the method of a effective Digital antenna. S.C.I Coal township has a list of approved vendors such as J.L Marcus that sells HDTV compatible antennas at a cost of $27.754 or commissary /Coal Township can look into placing alternative Digital antennas that's adequate for everyone and not for just some. I'm requestingthis issue be resolved or i be granted to purchase a effective Digital antenna through a approved vendor. Resp ctfully FINAL APPEAL DECISION Secretary's Office of Inmate Grievances & Appeals Pennsylvania Department of Corrections P.O. Box 598, 2520 Lisburn Road Camp Hill, PA 17001-0598 This serves to acknowledge receipt of your appeal to final review for the grievance noted below. In accordance with the provisions of DC-ADM 804, "Inmate Grievance System Policy", the following response is being provided based on a review of the entire record of this grievance. The review included your initial grievance, the grievance officer's response, your appeal to the facility manager, the facility manager's response, the issues you raised to final review, and (when applicable) any revised institutional responses required as a result of a subsequent remand action by this Office. As necessary, input from appropriate Central Office Bureaus (e.g., Health Care Services, Chief Counsel, Office of Professional Responsibility, etc.) may have been solicited in making a determination in response to your issue as well. SCI File4at ___ LCoal Township Coal Township _ grievance #. ?287364- r, . Uphold Response UR The original or revised responses provided at the institutional level are reasonable and appropriate in accordance with cedure. Accordin I , our final appeal is denied. Department of Corrections' olic and pro ^ In your grievance, you raised concerns with the digital television antenna available for purchase through the commissary and the increase in the price of cable effective October 1, 2009. A review of the record reveals that the antenna currently offered through the commissary has been approved for purchase by inmates at all DOC facilities by the Central Office Commissary Committee. The antenna was deemed to be adequate for use by all facilities. However, neither the facility nor the DOC has any control over the reception that inmates may or may not receive using an antenna. Different reception is received at different locations within the facility. Some inmates receive some channels while other inmates do not. Such variation in reception is more than likely the result of the location of the facility and its surroundings. There is no guarantee that free over-the-air channels will be received no matter what type or brand of antenna you may use. The original posting of the antennas available for purchase specifically stated that there would be no guarantee as to the number of free channels that would be available. If you are not able to receive channels using an antenna, you can view the television in the dayroom. Your suggestion of having an antenna installed at the facility is not feasible. The increase in the cable fee is being made by the cable provider, Correctional Cable Television and is permitted by their contract. The increase is not due to an administrative fee and there is no evidence of extortion. If you have questions regarding the cable service. that you signed up for, you can refer to the inmate subscriber agreement form available on your housing unit. As a digital antenna is currently available for purchase through the commissary, your request to purchase a digital antenna through an outside vendor is denied. Signature: Dorina Varner u oa AULM Title: Chief Grievance Officer Date: 11109109 DLVILLS cc: DC-15/Superintendent Varano Grievance Office EXHIBIT "G" COMMISSARY NOTICE June 2, 2009 1-1 A digital antenna has been added.to the menu, and will be available to order effective scan day June 15th. PCI # DESCRIPTION PRICE 5715 Artec Digital Antenna 12.72 Q 1 r • V A Page 1 of 2 W e Antatma.: 75 Ohm F Connector L / R • Outputs: S-Video, Composite Video RCA, 75 Ohm F Connector, Audio RCA • Other: Smart Antienna ¦ Vidoo.Compatz'bi1rtY 4801 AC 120 Volts / 50 60Hz AdaPta ¦ per; DC +5V / 2A with supp ¦ C on/Standards: FCC Part 15 COMPlisnt AvCable, 75 Ohm • Acaesso ies Included: User's manual, arra* . coaxial cable Dimensions: S-9/16" x 1-13/16" x 7" e Page 2 of 2 .M,.a APR URT DM VI 7 ? 1 Sit is DRAYE DURHAM and STEVEN ESTES and HENRY HOLMES, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Plaintiffs V. JEFFREY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS and DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS and TONY MILLER, DIRECTOR OF f J, V IN THE COURT OF CO DAUPHIN COUNTY, PE,'VATeItR' :NO. 2010 CV 3717-CV PENNSYLVANIA CORRECTIONAL ; INDUSTRIES and DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP and KANDIS K. DASCANI, CORRECTIONS SUPERINTENDENT ASSISTANT, ; Defendants ORDER. t:k AND NOW, this 2--q day of April, 2010, since this court does not have cT jurisdiction over this matter, this matter is hereby transferred to Commonwealth Court. The Prothonotary of Dauphin County is hereby directed to transfer this file to the Prothonotary of Commonwealth Court. BY THE COURT: Distribution: Draye Durham, EV-5273, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17866 Steven Estes, FR-0288, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17866 Henry Holmes, CQ-6550, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17866 Jeffrey A. Beard (DOC), 2520 Lisburn Road, P.O. Box 598, Camp Hill, PA 17001 Donna Varner (COG), 2520 Lisburn Road, P.O. Box 598, Camp Hill, PA 17001 Tony Miller (PCI), 2520 Lisburn Road, P.O. Box 47, Camp Hill, PA 17001 David A. Varano, 1 Kelley Drive, Coal Township, PA 17866 Kandis K. Dascani, 1 Kelley Drive, Coal Township, PA 17866 Kristen W. Brown, Commonwealth Court Prothonotary, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Ste. 2100, Harrisburg, PA 17106 ?i0 Stephen E. Farina Prothonotary C:) _ > W -? Z CJ o ? ' ? L LA-? 7 _ . X: C:) C:) _ o a OFFICE OF .?RpTHONOTARY Daniel R Shuckers, Prothonotary Commonwealth Court of Pennsylvania Room 624 South Office Building Commonwealth Avenue & Walnut St Harrisburg PA 17120 Front & Market Streets Harrisburg, PA 17101 (717) 780-6520 ?'... . NAM" May 4, 2010 RE: Draye Durham etal Vs. Jeffrey A. Beard, Secretary of the Dept of Corrections etal Dauphin County Docket No 2010 CV 3717 Commonwealth Court Dkt No. Dear Sir /Madam: v By Order of April 29, 2010 by Hon. Bernard L Coates. Judge 0 The above matter has been transferred to the Commonwealth Court of Pennsylvania. I am, accordingly, sending you all papers herewith. I will appreciate t1W Return of the attached. Receipt addressed to the attention of Ms. Lisandra Garcia. Very truly yours, Q 1412*1 e n. & jazn,,a, Stephen E. Farina Prothonotary atm -- C rr, County of Dauphin Stephen E. Farina Prothonotary Daniel R Shuckers, Prothonotary May 4, 2010 Commonwealth Court of Pennsylvania Room 624 South Office Building Front & Market Streets Harrisburg, PA 17101 (717) 780-6520 Commonwealth Avenue & Walnut St Harrisburg PA 17120 `?I Z RE: Draye Durham etal Vs. Jeffrey A. Beard, Secretary of the Dept of Corrections etal Dauphin County Docket No 2010 CV 3717 Commonwealth Court Dkt No Dear Sir /Madam: By Order of April 29, 2010 by Hon. Bernard L Coates. Judge The above matter has been transferred to the Commonwealth Court of Pennsylvania. I am, accordingly, sending you all papers herewith. I will appreciate the Return of the attached. > C= Receipt addressed to the attention of Ms. Lisandra Garcia o Z 'O ? . rn- --33- < =fin . icy -- :C 0 r": D?a 2 -v c5 z ?-nm Very truly yours, V?1?1 Stephen E. Farina Prothonofy t d L - A u 4 X17 OFFICE OF VgpTHONO TA p County of Dauphin DRAYE DURHAM AND STEVEN ESTES C.©mmcnwe-11"i CoQ4 orb AND HENRY HOLMES, individually and ?eRn Sys u do I C? On BEHALF OF ALL OTHERS SIMILARY SITUATED, Plaintiffs vs NO. 442 M.D. 2010 JEFFERY A. BEARD, SECRETARY OF THE : c o DEPARTMENT OF CORRECTIONS, AND DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF x a °`= w - CORRECTIONS TONY MILLER, DIRECTOR OF PENNSYLVANIA ; CORRECTIONAL INDUSTRIES AND - DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP AND KANDIS K.: wr DASCANI CORRECTIONS SUPERINTENDENT ASSISTANT, Defendants MOTION FOR LEAVE TO REQUEST A STAY IN THE PROCEEDINGS TO: THE HONORABLE JUDGES OF SAID COMMONWEALTH COURT OF PENNSYLVANIA, RESPECTFULLY REQUESTS LEAVE FOR AN ORDER TO STAY THE PROCEEDINGS AND REPRESENTS THE FOLLOWING: 1. We are the plaintiffs in the above-captioned. 2. On April 29, 2010, the Court of Common Pleas for Dauphin County issued an order transferring our complaint to this Honorable Court's original jurisdiction. 3. On May 26, 2010, the above-mentioned plaintiffs filed a notice of appeal in the Court of Common Pleas for Dauphin County to the Superior Court of Pennsylvania. (See Exhibit A attached hereto) 4. Above-mentioned plaintiffs respectfully request a stay in the current proceedings docketed at No. 442 M.D. 2010, since the appeal filed with the Superior Court is challenging the order that transferred the proceedings to this Honorable Court. Wherefore the above-mentioned plaintiffs respectfully pray that this Honorable Court will grant this motion for a stay pending the outcome of the appeal filed with the Superior Court and will notify this Honorable Court within 20 days of the disposition of that appeal. Respectfully Submitted Draye Durham, EV-5273 SCI-COAL TOWNSHIP 1 Kelley Drive a ship, PA 17866-1021 Steven Estes, FR-0288 Dated: 5 lams 1 SCI-COAL TOWNSHIP 1 Kelley Drive Col Township, PA 17866-1021 o es, CQ-6550 SC -COAL TOWNSHIP 1 Kelley Drive Coal Township, PA 17866-1021 EXHIBIT "A" • DRAYE DURHAM AND STEVEN ESTES IN TH COURT OF COMMON PLEAS AND HENRY HOLMES, individually and DAUPHHIN COUNTY, PENNSYLVANIA On BEHALF OF ALL OTHERS SIMILARY SITUATED, Plaintiffs vs NO. 2010 CV 3717-CV JEFFERY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, AND DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS TONY MILLER, DIRECTOR OF PENNSYLVANIA CORRECTIONAL INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP AND KANDIS K. DASCANI CORRECTIONS SUPERINTENDENT ASSISTANT, Defendants NOTICE OF APPEAL Notice is hereby given that, Draye Durham, Steven Estes, Henry Holmes, Individually and on behalf of all others Similarly situated, the above captioned plaintiffs hereby appeals pursuant to 42 Pa.R.A.P., Rule 31 l(c) to the Superior Court of Pennsylvania from the order entered in this matter on the 29th day of April, 2010. This order has been entered in the docket as evidence by the attached copy of the docket entry. Dated: !3 aF o pect ubmitted, -&r-aye Durham, V-5273 SCI-COAL TOWNSHIP 1. Kelley Drive 17866-1021 Ten wnship PA Estes, FR-0288 SCI-COAL TOWNSHIP I Kelley Drive Coal Township PA 17866-1021 7 e olmes, CQ-6550 SCI-COAL TOWNSHIP 1 Kelley Drive Coal Township, PA 17866-1021 DRAYE DURHAM AND STEVEN ESTES AND HENRY HOLMES, individually and On BEHALF OF ALL OTHERS SIMILARY SITUATED, Plaintiffs vs NO. 442 M.D. 2010 JEFFERY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, AND DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS TONY MILLER, DIRECTOR OF PENNSYLVANIA CORRECTIONAL INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP AND KANDIS K. DASCANI CORRECTIONS SUPERINTENDENT ASSISTANT, Defendants VERIFICATION WE DRAYE DURHAM, STEVEN ESTES AND HENRY HOLMES, SWEAR/AFFIRM UNDER THE PENALTIES PROVIDED FOR UNDER 18 Pa. C.S.A. 4904 THAT THE FACTS CONTAINED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. Dated: S a s I d n2tn! , Draye Durham, EV-5273 SCI-COAL TOWNSHIP 1 K 1ey Drive C ship, PA 1786641021 even Estes, FR-0288 SCI-COAL TOWNSHIP 1 Kelley Drive Coa Township PA 17866-1021 e of es, CQ-6550 SCI-COAL TOWNSHIP 1 Kelley Drive Coal Township, PA 17866-1021 PROOF OF SERVICE The undersigned hereby certifies that true and correct copies of the foregoing document(s) were served upon all the defendants and the Prothonotary of the Commonwealth Court, this day causing same to be deposited in the United States Postal Service, and served upon the appellate by First Class Mail, which service satisfies the requirements of Pa.R.A.P., Rule 121, and addressed as follows: Jeffrey A. Beard (DOC) 2520 Lisburn Road, P.O. Box 598 Dorina Varner, (COG) 2520 Lisburn Road, P.O. Box 598 Camp Hill, PA 17001 Camp Hill, PA 17001 Tony Miller (PCI) David A. Varano (Superintendent) 2520 Lisburn Road, P.O. Box 47 1 Kelley Drive Camp Hill, PA 17001 Coal Township, PA 17866 Kandis K. Dascani Kristen W. Brown, Prothonotary 1 Kelley Drive Commonwealth Court of PA 601 Commonwealth Avenue, Suite 2100 Coal Township, PA 17866 P.O. Box 69185 Harrisburg, PA 17106-9185 S MTTTE , Draye Durham, EV-5273 SCI-COAL TOWNSHIP 1 Kelley Drive Co 1 ship, PA 17866-1021 7 - Steven Estes, FR-0288 SCI-COAL TOWNSHIP 1 Kelley Drive Coal wnship, A 1 866-1021 enry lm s, CQ-6550 SCI-COAL TOWNSHIP 1 Kelley Drive Dated: 5! D s Coal Township, PA 17866-1021 J)DI 0 Cv 37 1-7 C V IN THE COMMONWEALTH COURT OF PENNSYLVANIA Draye Durham and Steven Estes and Henry Holmes, Individually and on behalf of all others similarly situated, Petitioners • V. c o C= Jeffrey A. Beard, Secretary of the -its z2 C P0 Department of Corrections and Dorina Varner, Chief Grievance Officer Department of Corrections z - and Tony Miller, Director of Pennsylvania Correctional Industries _ and David A. Varano, Superintendent at SCI-Coal Township and Kandis K. Dascani, Corrections Superintendent Assistant, No. 442 M.D. 2010 Respondents PER CURIAM O R D E R Now, June 22, 2010, upon consideration of petitioners' Complaint in Civil Action, in which petitioners seek money damages for alleged deceptive, fraudulent, and coercive business practices, and this court lacking jurisdiction over tort actions for money damages whether based on common law trespass or 42 U.S.C. §1983 because such actions are in the nature of trespass in that they seek money damages as redress for an unlawful injury and are properly commenced in the court of common pleas, see Fawber v. Cohen, 516 Pa. 353, 532 A.2d 429 (1987); Balshy v. Rank, 490 A.2d 415 (Pa. COCO= O'nn arn< 1985), this case is hereby re-transferred to the Court of Common Pleas of Dauphin County. See 42 Pa. C.S. §5103. The Chief Clerk shall certify a photocopy of the docket entries of the above matter and the record to the prothonotary of the Court of Common Peas Dauphin County. k Petitioners' motion for leave to request a stay is dismissed as Tnokot. 4"! It appears that petitioner attempted to file a notice of appeal from the trial court's order transferring this matter to Commonwealth Court, and that the notice of appeal was returned to petitioner with directions that all documents should be sent to Commonwealth Court. Although any appeal of the transfer order may now be moot, the trial court is directed to process the notice of appeal in accordance with Pa. R.A.P. 905(a)(4). WNW from the Record JUN 2 3 2010 And Order Exit : NO. 2010 CV 3717-CV JEFFERY A. BEARD, SECRETARY OF THE : C-1 DEPARTMENT OF CORRECTIONS, AND rv `' c r DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS TONY MILLER, DIRECTOR OF PENNSYLVANIA " CORRECTIONAL INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP AND KANDIS K.: DASCANI CORRECTIONS : SUPERINTENDENT ASSISTANT, Defendants NOTICE OF APPEAL Notice is hereby given that, Draye Durham, Steven Estes, Henry Holmes, Individually and on behalf of all others Similarly situated, the above captioned plaintiffs hereby appeals pursuant to 42 Pa.R.A.P., Rule 311(c) to the Superior Court of Pennsylvania from the order entered in this matter on the 29th day of April, 2010. This order has been entered in the docket as evidence by the attached copy of the docket entry. U-) ectfull i mitted, r Draye Durham, E - 273 `j SCI-COAL TOWNSHIP 1 Kelley Drive Co ownship, PA 17866-1021 C } k ` Steven s i SCI-COAL TOWNSHIP l 1 Kelley Drive Co ownsh* P 17866-1021 Henry olmes, CQ-6550 SCI-COAL TOWNSHIP r Dated: s?a s l 1? 1 :Kelley Drive Coal Township, PA 17866-1021 M A-,,, t G CC;. DRAYE DURHAM AND STEVEN ESTES IN TH COURT OF COMMON PLEAS AND HENRY HOLMES, individually and DAUPHHIN COUNTY, PENNSYLVANIA On BEHALF OF ALL OTHERS SIMILARY SITUATED, ; Plaintiffs vs 0 DRAYE DURHAM and STEVEN ESTES and : IN THE COURT OF COMMON PLEAS HENRY HOLMES, INDIVIDUALLY AND ON : DAUPHIN COUNTY, PENNSYLVANIA BEHALF OF ALL OTHERS SIMILARLY SITUATED, Plaintiffs : NO. 2010 CV 3717-CV V. JEFFREY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS and DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS and TONY MILLER, DIRECTOR OF PENNSYLVANIA CORRECTIONAL INDUSTRIES and DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP and KANDIS K. DASCANI, CORRECTIONS SUPERINTENDENT ASSISTANT, Defendants 4.??:. N a •- r,. a 7` err ORDER AND NOW, this 2-,-_ day of April, 2010, since this court does not have jurisdiction over this matter, this matter is hereby transferred to Commonwealth Court. The Prothonotary of Dauphin County is hereby directed to transfer this file to the Prothonotary of Commonwealth Court. BY THE COURT: p J. Distribution: Draye Durham, EV-5273, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17866 Steven Estes, FR-0288, SCI-Coal Township, I Kelley Drive, Coal Township, PA 17866 Henry Holmes, CQ-6550, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17866 Jeffrey A. Beard (DOC), 2520 Lisburn Road, P.O. Box 598, Camp Hill, PA 17001 Dorina Varner (COG), 2520 Lisburn Road, P.O. Box 598, Camp Hill, PA 17001 - Tony Miller (PCI), 2520 Lisburn Road, P.O. Box 47, Camp Hill, PA 17001 David A. Varano, I Kelley Drive, Coal Township, PA 17866 Kandis K. Dascani, 1 Kelley Drive, Coal Township, PA 17866 Kristen W. Brown, Commonwealth Court Prothonotary, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Ste. 2100, Harrisburg, PA 17106 Date: 7/19/2010 w Dauphin County User: MOCK Time: '04:04 PM Complete Case History Page 1 of 5 Case: 2010-CV-03717-CV Draye Durham, etal. vs. Jeffrey A Beard, etal. Filed: 4/7/2010 Subtype: Civil Physical File: Y Appealed: N Comment: Status History Pending 4/7/2010 Transferred 5/4/2010 Closed 5/7/2010 Reopened 7/19/2010 Judge History Date Judge Reason for Removal 4/7/2010 No Judge, Administrative 7/19/2010 Curcillo, Deborah Essis Current Plaintiff Name: Durham, Draye SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Individually and on behalf of all others similarly situated Attorneys PRO SE, (Primary attorney) Send Notices Plaintiff Name: Estes, Steven SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Individually and on behalf of all others similarly s ituated Attorneys PRO SE, (Primary attorney) Send Notices Plaintiff Name: Holmes, Henry SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Individually and on beh alf of all others similarly si tuated Attorneys PRO SE, (Primary attorney) Send Notices Date: 7/19/2010 4b Dauphin County User: AHOCK Time: 04:04 PM Complete Case History Page 2 of 5 Case: 2010-CV-03717-CV Draye Durham, etal. vs. Jeffrey A Beard, etal. Defendant Name: Beard, Jeffrey A SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Secretary of the Department of Corrections Defendant Name: Varner, Dorina SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Chief Grievance Officer Department of Corrections Defendant Name: Miller, Tony SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Toney Miller - Director of Pennsylvania Correctional Industries Defendant Name: Varano, David A SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Superintendent at SCI Coal Township Defendant Name: Dascani, Kandis K SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Corrections Superintendent Assistant Date: 7/19/2010 Dauphin County Time: 04:04 PM Complete Case History Page 3 of 5 Case: 2010-CV-03717-CV Draye Durham, etal. vs. Jeffrey A Beard, etal. Register of Actions 4/7/2010 Plaintiff: Durham, Draye Attorney of No Judge, Record: PRO SE Plaintiff: Estes, Steven Attorney of Record: No Judge, PRO SE Plaintiff: Holmes, Henry Attorney of No Judge, Record: PRO SE New Civil Case Filed This Date. No Judge, Writ of Summons Issued. See Praecipe, No Judge, filed. Petition for Leave to Proceed In Forma No Judge, Pauperis, filed. (Draye Durham) Petition for Leave to Proceed In Forma No Judge, Pauperis, filed. (Steven Estes) Petition for Leave to Proceed In Forma No Judge, Pauperis, filed. (Henry Holmes) Complaint in Civil Action, filed. No Judge, 4/29/2010 Since this court does not have jurisdiction Coates, Bernard L Jr over this matter, this matter is hereby transferred to Commonwealth Court. The Pothonotary of Dauphin County is hereby directed to tranfer this file to the Prothonotary of Commonwealth Court. See ORDER filed. copies Dist by Court 4/29/10 5/4/2010 The above action is hereby transferred to No Judge, the Commonwealth Court ****NO MORE ENTRIES CASE No Judge, TRANSFERRED**** TO THE COMMONWEALTH COURT User: AHOCK Date: 7/19/2010 Dauphin County Time: 04:04 PM Complete Case History Page 4 of 5 Case: 2010-CV-03717-CV Draye Durham, etal. vs. Jeffrey A Beard, etal. Register of Actions 6/22/2010 Upon consideration of petitioners' Complaint in Civil Action, in which petitioners seek money damages for alleged deceptive, fraudulent, and coercive business practices, and this court lacking jurisdiction over tort actions for money damages whether based on common law trespass or 42 U.S.C. 1983 because such actions are in the nature of trespass in that they seek money damages as redress for an unlawful injury and are properly commenced in the court of common pleas, see Fawber v. Cohen, 516 Pa. 353, 532 A.2d 429 (1987); Balshy v. Rank, 490 A.2d 415 (Pa. 1985), this case is hereby re-transferred to the Court of Common Pleas of Dauphin County. See 42 Pa. C.S. 5103. The Chief Clerk shall certify a photocopy of the docket entries of the above matter and the record to the prothonotary of the Court of Common Pleas of Dauphin County. Petitioners' motion for leave to request a stay is dismissed as moot. It appears that petitioner attempted to file a notice of appeal from the trial court's order transferring this matter to Commonwealth Court, and that the notice of appeal was returned to petitioner with directions that all documents should be sent to Commonwealth Court. Although any appeal of the transfer order may now be moot, the trial court is directed to process the notice of appeal in accordance with Pa. R.A.P. 905(a)(4). See PER CURIAM ORDER from the Commonwealth Court of Pennsylvania filed June 28, 2010. 7/19/2010 AOPC MONTHLY CIVIL COURT STATISTICAL REPORT DATA (AGING PURPOSES - CIVIL OTHER) Judge assigned to case. Record Returned to the Prothonotary's Office from the Commonwealth Court of Pennsylvania. Application to Proceed In Forma Pauperis and Affidavit in Support of Petitioner's Application to Proceed In Forma Pauperis, filed. Notice of Appeal to Superior Court of Pennsylvania filed on behalf of plaintiffs, Draye Durham, Steven Estes, Henry Holmes, Individually and on behalf of all others Similarly Situated. Copy mailed to _ Court No Judge, No Judge, Curcillo, Deborah Essis No Judge, No Judge, No Judge, User: AHOCK I hereby certify that the foregoing is a Date: 7/19/2,010 Dauphin County User: MOCK Time: 04:04 PM Complete Case History Page 5 of 5 Case: 2010-CV-03717-CV Draye Durham, etal. vs. Jeffrey A Beard, etal. true and correct copy of the original filed. Prothonotary/Clerk of Courts JUL 19 2010 Fg l PROOF OF SERVICE The undersigned hereby certifies that true and correct copies of the foregoing document(s) were served upon all the defendants and the Prothonotary of the Commonwealth Court, this day causing same to be deposited in the United States Postal Service, and served upon the appellate by First Class Mail, which service satisfies the requirements of Pa.R.A.P., Rule 121, and addressed as follows: Jeffrey A. Beard (DOC) 2520 Lisburn Road, P.O. Box 598 Camp Hill, PA 17001 Dorina Varner, (COG) 2520 Lisburn Road, P.O. Box 598 Camp Hill, PA 17001 Tony Miller (PCI) 2520 Lisburn Road, P.O. Box 47 Camp Hill, PA 17001 Kandis K. Dascani 1 Kelley Drive Coal Township, PA 17866 Dated: S?aS? Id David A. Varano (Superintendent) 1 Kelley Drive Coal Township, PA 17866 Kristen W. Brown, Prothonotary Commonwealth Court of PA 601 Commonwealth Avenue, Suite 2100 P.O. Box 69185 Harrisburg, PA 17106-9185 SUBMITTED, Draye urham, EV-5273 SCI-COAL TOWNSHIP 1 Kelley Drive Co ownship, PA 17866-1021 Steven Estes, FR-0288 SCI-COAL TOWNSHIP 1 Kelley Drive Co Townsh-1021 CQ-6550 SCI-COAL TOWNSHIP 1 Kelley Drive Coal Township, PA 17866-1021 t 4 i a 0 STEVEN ESTES Plaintiff V. JEFFREY A, BEARD, et al. Defendant IN THE COURT OF COMMON PLEA&L 1201 DAUPHIN COUNTY, PENNSYLVANIA NO1010CV_3?17 Cv CIVIL ACTION - LAW ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS AND NOW, this day of 20 "', upon presentation and consideration of the within petition and attached certification, we grant the relief prayed for, and grant Petitioner leave to proceed with this case in forma pauperis, without the need to pay any costs connected therewith, all of which is pursuant to Pa.R.C.P. No. 240. BY THE COURT: JUDGE N `= i:?rELI Tom; ca 0 Revised 12-09 0 Dauphin County Court of Common Pleas Name: STEVEN ESTES Address: 1 EUIEY DRIVE c City: COAL TOWNSHIP PA Zip: 17866-1021 Telephone: NONE Email: NONE s~ravmL ESTES Plaintiff V. JEFFREY A. BEARD, et al. ; Defendant > 2s r IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. XIU CV _ 3 17 C. V CIVIL ACTION -- LAW PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: Pursuant to Pa.R.C.P. No. 240, 1 hereby certify that I am without financial resources to pay the costs associated with my case, and therefore believe that I am entitled to proceed in forma pauperis. In support of my petition, I have attached to it a certification of indigency and incorporate it herein by reference, a certification which fully and truthfully describes my overall financial condition at the present time. WHEREFORE, the undersigned asks leave of court to proceed in forma pauperis, without the need to pay any costs in connection with the instant action. submitted, Dat ature of Petitioner Revised 12-09 Dauphin County Court of Common Pleas ti r° Name: STEVEN ESTES Address: 1 KELLEY DRIVE C ity: COALTOWNSHIP PA 'Zip: 17866-1021 Telephone: NONE Email: NONE STEVEN ESTES Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. JEFFERY A. BEARD, et al. Defendant NO. CV CIVIL ACTION - LAW CERTIFICATE OF INDIGENCY 1. 1 am th (Plainti efendant) in the above matter and because of my financial condition, I am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: STEVEN ESTES FR-0288 Address: 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 (b) Employment: If you are presently employed, state Employer: SCI-COAL TOWNSHIP INMATE Address: 1-KELLEY DRIVE Revised 12-09 i Dauphin County Court of Common Pleas COAL TOWNSHIP PA 17866-1021 Salary or wages per month: $39.00 A MONTH Type of work: PRISON PLUMMIER If you are presently unemployed, state Date of your last employment: NONE Salary or wages per month: NONE Type of work: NONE (c) Other income within the past twelve (12) months Business or profession per month: _._ NONE Other self-employment per month: NONE Interest per month: NONE Dividends per month: _ NONE Pensions and annuities per month: NONE - Social Security benefits per month: NONE Support payments per month: NONE Disability payments per month: NONE Unemployment Compensation and supplemental benefits per week: (d) NONE Workers' Compensation per month: _ NONE Public Assistance per month: NONE Other per month: NONE Other contributions to household support Wife/Husband Name: NONE If your wife/husband is employed, state: Employer: - - NONE Revised 12-09 ?t., Dauphin County Court of Common Pleas (e) (f) Salary or wages per month: NONE Type of work: NONE Contributions from children: NONE Contributions from parents: _ NONE Other contributions: NONE Property owned Cash: NONE Checking account: _ NONE Savings account: NONE Certificates of deposit: _NONE _T Real estate (including home): NONE Motor vehicle: Make: NONE Year: NONE Cost: NONE Amount Owed: NONE Stocks and bonds: NONE Other: NONE Debts and obligations - average per month Mortgage: NONE Rent: NONE Loans: NONE Other: PRISON CABLE BILL $16.50 (g) Persons dependent upon you for financial support Wife/Husband Name: NONE Children, if any: Name: NONE - Age: NONE Revised 12-09 ' Dauphin County Court of Common Pleas NONE NONE NONE NONE NONE NONE NONE NONE Other persons dependent upon you for financial support (such as parents, grandparents, etc.): Name: NONE Relationship: NONE 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are being made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falZtiauthorrities. Date of Pe caner Revised 12-09 D Dauphin County Court of Common Pleas . k DRAYS DURHAM, et al. Plaintiff V. JEFFREY A. BEARD, et al. Defendant O IN THE COURT OF COMMON PIMC-11L DAUPHIN COUNTY, PENNSYLVA ', ?9 C E NO. A010 CV 3719 CIVIL ACTION - LAW ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS AND NOW, this 147 day of \" '/y 20 le) _..?,. upon presentation and consideration of the within petition and attached certification, we grant the relief prayed for, and grant Petitioner leave to proceed with this case in forma pauperis, without the need to pay any costs connected therewith, all of which is pursuant to Pa.R.C.P. No. 240. BY THE COURT: JUDG-E- C77, A ' .?.....w....?+y l?._?.+ C -G W O Revised 12-09 0 Dauphin County Court of Common Pleas Name: DRAYE DURHAM EV-5273 Address! KELLEY DRIVE City: COAL TOWNSHIP Telephone: __ NONE PA Zip: 17866-1021 Email: NONE DRAPE DURHAM, et al. Plaintiff V. JEFFREY A. BEARD, et al. Defendant : IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO.docv 371'7 CV CIVIL ACTION - LAW PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: Pursuant to Pa.R.C.P. No. 240, 1 hereby certify that I am without financial resources to pay the costs associated with my case, and therefore believe that I am entitled to proceed in forma pauperis. In support of my petition, I have attached to it a certification of indigency and incorporate it herein by reference, a certification which fully and truthfully describes my overall financial condition at the present time. WHEREFORE, the undersigned asks leave of court to proceed in forma pauperis, without the need to pay any costs in connection with the instant action. Respectfully submitted, Date I L Signat of Petitioner Revised 12-09 Dauphin County Court of Common Pleas Name: DRAYE DURHAM EV-5273 Address: 1 KELLEY DRIVE City: COAL TOWNSHIP Telephone: NONE Email: NONE DRAPE DURHAM, et al. Plaintiff V. JEFFREY A. BEARD, et al. Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. CV CIVIL ACTION - LAW CERTIFICATE OF INDIGENCY 1. I am the (Plaintiff/Defendant) in the above matter and because of my financial condition, I am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: DRAYS DURHAM EV-5273 Address: 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 (b) Employment: If you are presently employed, state Employer: SCI-COAL TOWNSHIP (INMATE) Address: 1 KELLEY DRIVE PA Zip: 17866-1021 Revised 12-09 EiJ Dauphin County Court of Common Pleas COAL TOWNSHIP PA 17866-1021 Salary or wages per month: $42.00 A MOONTH Type of work: INMATE LAW CLERY- If you are presently unemployed, state Date of your last employment: NONE Salary or wages per month: NONE Type of work: NONE (c) Other income within the past twelve (12) months Business or profession per month: NONE Other self-employment per month: NONE Interest per month: NONE Dividends per month: NONE Pensions and annuities per month: NONE Social Security benefits per month: NONE Support payments per month: NONE Disability payments per month: NONE Unemployment Compensation and supplemental benefits per week: . NONE Workers' Compensation per month: NONE Public Assistance per month: NONE Other per month: NONE (d) Other contributions to household support Wife/Husband Name: NONE If your wife/husband is employed, state: Employer: NONE Revised 12-09 @' Dauphin County Court of Common Pleas (e) Salary or wages per month: .-NONE Type of work: NONE Contributions from children: NONE Contributions from parents: NONE Other contributions: NONE Property owned Cash: NONE t0 Checking account: NONE Savings account: NONE Certificates of deposit: NONE Real estate (including home): NONE Motor vehicle: Make:.--NONE Year: NONE Cost: NONE Amount Owed: NONE Stocks and bonds: NONE Other: NONE Debts and obligations - average per month Mortgage: NONE Rent: NONE Loans: NONE Other: PRISON CABLE $16.50 A HDNTH (g) Persons dependent upon you for financial support Wife/Husband Name: NONE Children, if any: Name: NONE Age- NONE Revised 12-09 Dauphin County Court of Common Pleas ,.NONE NONE NONE NONE NONE NONE NONE NONE Other persons dependent upon you for financial support (such as parents, grandparents, etc): Name: NONE Relationship: NONE 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are being made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date Si na QPr g Revised 12-09 -V Dauphin County Court of Common Pleas HENRY Hougs IN THE COURT OF COMMON PLE Plaintiff DAUPHIN COUNTY, PENNSYLVA £ 11 V. : Na. Alv Cv 3717 C v .f JEFFREY A. BEARD, et all.. CIVIL ACTION - LAW Defendant ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS lv AND NOW, this // / % day of v! y 20 upon presentation and consideration of the within petition and attached certification, we grant the relief prayed for, and grant Petitioner leave to proceed with this case in forma pauperis, without the need to pay any costs connected therewith, all of which is pursuant to Pa.R.C.P. No. 240. BY THE COURT: JUDGE d -rr Revised 12-09 y .? 0 Dauphin County Court of Common Pleas N O Name: HENRY HOLMES o T. a Address: 1 KELLEY DRIVE 4 PA Zip: 17866-1021 City: COAL TOWNSHIP Telephone: NONE _ m Email: NONE HENRY HOMES Plaintiff V. JEFFREY BEARD, et al. Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. aO(O CV 37 I Z C V CIVIL ACTION -- LAW PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: Pursuant to Pa.R.C.P. No. 240, 1 hereby certify that I am without financial resources to pay the costs associated with my case, and therefore believe that I am entitled to proceed in forma pauperis. In support of my petition, I have attached to it a certification of indigency and incorporate it herein by reference, a certification which fully and truthfully describes my overall financial condition at the present time. WHEREFORE, the undersigned asks leave of court to proceed in forma pauperis, without the need to pay any costs in connection with the instant action. ?f 5 0-. Date Revised 12-09 w Dauphin County Court of Common Pleas Respectfully submitted, Aji na etitioner Name: HENRY HOLMES Addressi KELLEY DRIVE City: .( TOWNSHIP , PA Zip:17866-1021 Telephone: NONE Email: NONE -HENRY HOLMES IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA V. NO. CV JEFFREY A. BEARD et al. CIVIL ACTION -LAW Defendant CERTIFICATE OF INDIGENCY 1. 1 am the ( lainti Defendant) in the above matter and because of my financial condition, I am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. 1 am unable to obtain funds from anyone. including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: HENRY HOLMES CQ-6550 Address: 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 (b) Employment: If you are presently employed,; state Employer: SCI-COAL TOWNSHIP INMATE Address: 1 KELLEY DRIVE Revised 12-09 Dauphin County Court of Common Pleas COAL TOWNSHIP PA 17866-1021 Salary or wages per month: $52.00 A MONTH Type of work: PRISON BLOCK WORKER If you are presently unemployed, sta te Date of your last employment: NONE Salary or wages per month: NONE Type of work: NONE (c) Other income within the past twelve (12) months Business or profession per month: __ NONE Other self-employment per month: NONE Interest per month: NONE Dividends per month: NONE Pensions and annuities per month: NONE Social Security benefits per month: NONE Support payments per month: NONE Disability payments per month: NONE Unemployment Compensation and supplemental benefits per week: NONE Workers' Compensation per month: NONE Public Assistance per month: NONE Other per month: NONE (d) Other contributions to household support Wife/Husband Name: NONE If your wife/husband is employed, state: Employer: NONE Revised "2-09 D Dauphin County Court of Common Pleas Salary or wages per month: NONE Type of work: _?-_ - NONE Contributions from children: NONE Contributions from parents: NONE Other contributions: NONE (e) Property owned Cash: NONE Checking account: NONE Savings account: NON _ Certificates of deposit: NONE Real estate (including home): - __ NONE Motor vehicle: Make: NONE Year: NONE Cost: _-w NONE Amount Owed : NONE Stocks and bonds: NONE Other: NONE (f) Debts and obligations - average per month Mortgage:_ NONE Rent: NONE Loans: NONE Other: PRISON CABLE BILL $16.50 (g) Persons dependent upon you for financial support Wife/Husband Name: NONE Children, if any: Name: NONE age: NONE Revised 12.09 Dauphin County Court of Common Pleas NONE NONE . NONE NONE NONE NONE NONE NONE Other persons dependent upon you for financial support (such as parents, grandparents, etc.): Name: NONE Relationship: NONE 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are being made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authoritie . Date Si a ure P itioner Revised 12-09 ) Dauphin County Court of Common Pleas ' DRtYE DURHAM AND STEVEN ESTES AND HENRY HOLMES, individually and On BEHALF OF ALL OTHERS SIMILARY SITUATED, Plaintiffs JUL 2 2 20 IN TH COURT OF COMMON ? G? DAUPHIN COUNTY, PENNS G vs JEFFERY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, AND DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS TONY MILLER, DIRECTOR OF PENNSYLVANIA CORRECTIONAL INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP AND KANDIS K. DASCANI CORRECTIONS SUPERINTENDENT ASSISTANT, Defendants ORDER w 0 c- ? ?o AND NOW, this day of , 20! (J w -r Upon consideration of the Petitioner's Motion captioned; PETITION TO PROCEED IN FORMA PAUPERIS; It is Hereby Ordered and Decreed that Petitioner shall be granted Leave to Proceed as a Poor Person. IT IS SO ORDERED NO. 2010 CV 3717-CV B The Court, y JUDGE 4 DRAYE DURHAM AND STEVEN ESTES AND HENRY HOLMES, individually and On BEHALF OF ALL OTHERS SIMILARY SITUATED, Plaintiffs vs IN TH COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA o a 3,, o C...°'° ? M r NO. 2010 CV 3717-CV r JEFFERY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, AND r DORINA VARNER, CHIEF GRIEVANCE < CD OFFICER DEPARTMENT OF CORRECTIONS TONY MILLER, DIRECTOR OF PENNSYLVANIA CORRECTIONAL INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP AND KANDIS K.: DASCANI CORRECTIONS C.:e SUPERINTENDENT ASSISTANT, Defendants OD APPLICATION TO PROCEED IN FORMA PAUPERIS C)z A n I, Draye Durham, declare that I am the petitioner in the above entitled proceeding; that, in support of my request to proceed without being required to pre-pay fees, costs or give security therefore, I state because of my poverty, I am unable to pay the costs of said proceeding or give security therefore, and that I believe that I am entitled to relief. The nature of my action, defense or other proceeding or the issues I tend to present on appeal are briefly stated as follows: 1. Whether the Court of Common Pleas for Dauphin County of Pennsylvania erred in transferring the Plaintiffs' lawsuit, in which the Plaintiffs' are requesting monetary damages from the Defendants to the Commonwealth Court where Plaintiffs' cannot receive monetary damages in the Commonwealth Court? (See 42 Pa.C.S.A. §761(a)(1)(v), which states in part that: (v) actions or proceedings in the nature of trespass as to which the Commonwealth government formerly enjoyed sovereign or other immunity and actions or proceedings in the nature of assumpsit relating to such actions or proceedings in the nature of trespass. Our Supreme Court held that the historical context of Section 761, has held that: "the clear intent of the General Assembly is that actions against the commonwealth or its officers acting in their official capacity for money damages based on tort liability are outside the original jurisdiction of the Commonwealth Court and are properly commenced in the Court of Common Pleas." See Hill v. Penn. Dept. of Environ. Protec., 679 A.2d 773 (Pa. 1996) :11 1 IN FfJRTHER SUPPORT OF THIS APPLICATION, I FURTHER AVER AS FOLLOWS: 1. I am incarcerated in the State Correctional Institution at Coal Township, 1 Kelley Drive, Coal Township, Pa. 17866-1021. 2. I do not have any income, of any type, other than prison wages. 3. I do not own any stocks or bonds, nor do I receive any payments for any interests, annuities rental properties or other sources. 4. I do not have any checking or saving accounts. 5. I have approximately $36.42 in my prison account. I declare, under the penalties provided for perjury, that the facts contained herein are true and correct to the best of my knowledge, information and beliefs. Executed on S I 10 (Date) SCI-Coal Township 1 Kelley Drive Respectfully Submitted, Draye Durham Coal Township, PA 17866-1021 DRAPE DURHAM AND STEVEN ESTES : IN TH COURT OF COMMON PLEAS AND HENRY HOLMES, individually and DAUPHIN COUNTY, PENNSYLVANIA On BEHALF OF ALL OTHERS SIMILARY SITUATED, Plaintiffs vs NO. 2010 (:V 3717-CV JEFFERY A. BEARD, SECRETARY OF THE o DEPARTMENT OF CORRECTIONS, AND cam. DORINA VARNER, CHIEF GRIEVANCE ? 0 C OFFICER DEPARTMENT OF - -n n Ln CORRECTIONS TONY MILLER, DIRECTOR OF PENNSYLVANIA 3> CORRECTIONAL INDUSTRIES AND c -. DAVID A. VARANO, SUPERINTENDENT -? o AT SCI-COAL TOWNSHIP AND KANDIS K.: cn DASCANI CORRECTIONS SUPERINTENDENT ASSISTANT, Defendants AFFIDAVIT IN SUPPORT OF PETITIONER'S APPLICATION TO PROCEED IN FORMA PAUPERIS 1. I am the petitioner in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associate, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Draye Durham, EV-5273 Address: 1 Kelley Drive Coal Township, PA 17866-1021 (b) Employment If you are presently employed, state Employer: SCI-Coal Township Address: 1 Kelley drive Coal Township, PA 17866-1021 Salary or wages per month:.38s Type of work: Prisoners Law Clerk If you are presently unemployed, state Date of last employment: N/A Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: N/A Other self-employment: N/A Interest: N/A Dividends: N/A Pension and annuities: N/A Social Security benefits: N/A Support payments: N/A Disability payments: N/A Disability payments: N/A Unemployment compensation and supplemental benefits: N/A Workman's Compensation: N/A Public assistance: N/A Other: N/A (d) Other contributions to household support (Wife) Name: N/A If your wife is employed, state Employer: N/A Salary or wages per month: N/A Type of work: N/A Contributions from children: N/A Contributions from parents: N/A Other contributions: N/A (e) Property owned Cash: N/A Checking account: N/A Saving account: N/A Certificates of deposit: N/A Real estate (including home): N/A Motor vehicle: Make N/A Year N/A Cost N/A Amount Owed N/A Stock; Bonds: N/A Other: N/A (f) Debts and obligations Mortgage: N/A Rent: N/A ' Loans N/A Other: N/A (g) Persons dependent upon you for support Wife Name: N/A Children, if any: Name: N/A Age: N/A Age: N/A Age:. Other persons: Name: N/A Relationship: N/A 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances, which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. (?Lc&' - Draye Durham Date: S 1a S ?fC) 'DRAPE DURHAM AND STEVEN ESTES AND HENRY HOLMES, individually and On BEHALF OF ALL OTHERS SIMILARY SITUATED, Plaintiffs vs IN TH COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 442 M.D. 2010 JEFFERY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, AND DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS TONY MILLER, DIRECTOR OF PENNSYLVANIA CORRECTIONAL INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP AND KANDIS K. DASCANI CORRECTIONS SUPERINTENDENT ASSISTANT, Defendants VERIFICATION I, DRAYE DURHAM, SWEAR/AFFIRM UNDER THE PENALTIES PROVIDED FOR UNDER 18 Pa. C.S.A. 4904 THAT THE FACTS CONTAINED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. RESPECTFULLY SUBMITTED, Draye Durham DATE: -E laS i 16 • PROOF OF SERVICE The undersigned hereby certifies that true and correct copies of the foregoing document(s) were served upon all the defendants and the Prothonotary of the Commonwealth Court, this day causing same to be deposited in the United States Postal Service, and served upon the appellate by First Class Mail, which service satisfies the requirements of Pa.R.A.P., Rule 121, and addressed as follows: Jeffrey A. Beard (DOC) Dorina Varner, (COG) 2520 Lisburn Road, P.O. Box 598 2520 Lisburn Road, P.O. Box 598 Camp Hill, PA 17001 Camp Hill, PA 17001 Tony Miller (PCI) David A. Varano (Superintendent) 2520 Lisburn Road, P.O. Box 47 1 Kelley Drive Camp Hill, PA 17001 Coal Township, PA 17866 Kandis K. Dascani 1 Kelley Drive Coal Township, PA 17866 Kristen W. Brown, Prothonotary Commonwealth Court of PA 601 Commonwealth Avenue, Suite 2100 P.O. Box 69185 Harrisburg, PA 17106-9185 SUBMITTE /-1- 07 trraye Durham, EV-5273 SCI-COAL TOWNSHIP 1 Kelley Drive Coal Township, PA 17866-1021 Dated: S?S (d DRAYS DURHAM AND STEVEN ESTES : IN THE COURT OF COMMON PLEAS AND HENRY HOUMES, individuall : DAUPHIN COUNTY, PENNSYLVANIA and ON BEHALF OF ALL OTHERS SIMILARY SITUATED, Plaintiffs vs NO. 2010-CV-3717-CV JEFFERY A BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTION AND DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS, TONY MILLER, DIRECTOR OF PENNSYLVANIA CORRECTIONAL INDUSTRIES AND DAVID A. VARANO,' SUPERINTENDENT : AT SCI-COAL TOWNSHIP AND KANDIS : K. DASCANI CORRECTIONS SUPERINTENDENT ASSISTANT, Defendants ORDER 0-111'0 AND NOW, to wit day of upon consideration of the within it is HEREBY ORDERED AND DECREED that with is HEREBY GRANTED. BY THE COURT DRAYE DURHAM AND STEVEN ESTES : IN THE COURT OF COMMON PLEAS AND HENRY HOLMES, individuall : DAUPHIN COUNTY, PENNSYLVA IIAA and ON BEHALF OF ALL OTHERS SIMILARYISIZUATED, . Plaintiffs vs NO. 2010-CV-3717-CV JEFFERY A BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTION AND DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS, TONY MILLER, DIRECTOR OF PENNSYLVANIA CORRECTIONAL INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP AND KANDIS : K. DASCANI CORRECTIONS SUPERINTENDENT ASSISTANT, Defendants MOTION TO TRANSFER TO PROPER VENUE (County) M C ;0 O + n Z N n' O 2>O 3 °-i • N TO: THE HONORABLE JUDGES OF SAID COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA, PURSUANT TO PA. R.C.P. 1006 (d) (1), (3), RESPECTFULLY REQUEST TRANSFER TO PROPER VENUE (County) OF THE COURT OF COMMON PLEAS and REPRESENTS THE FOLLOWING: 1. We are the Plaintiffs in the above-captioned. 2. We the Plaintiffs believe this Civil Action Tort Class Action Complaint for filing in Dauphin County may not be the Proper Venue (County) for Processing this above Complaint because of the Parties, (Defendants). 3. The Plaintiffs request this Honorable Court to Transfer the files of the above complaint to the Proper Venue (County) Court of Common Pleas, Cumberland County in Carlisle Pa. 17013 pursuant to Pa. R.C.P. 1006 (d) (1), (3). WHEREFORE the above-mentioned Plaintiffs respectfully pray that this Honorable Court will Grant this motion for Proper Venue (County) of the correct Court of Common Pleas of Pennsylvania. Respectfull Submitted Draye Durhaltt-' SCI-Coal / EV-5273 1 Kelley Drive Coal Township PA 17688 Steven Es es SCI-Coal / FR-0288 1 Kelley Drive Coal Township, Pa. 17866 Dated : 7 a 7 1 o Y(leduuv 616%Q,D _ He ry lmes SCI-Coal / CQ-06550 1 Kelley Drive Coal Township, Pa. 17866 DRAPE DURHAM AND STEVEN ESTES AND HENRY HOLMES, individuall and ON BEHALF OF ALL OTHERS SIMILARY SITUATED, Plaintiffs vs JEFFERY A BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTION AND DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS, TONY MILLER, DIRECTOR OF PENNSYLVANIA CORRECTIONAL INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP AND KANDIS K. DASCANI CORRECTIONS SUPERINTENDENT ASSISTANT, Defendants IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2010-CV-3717-CV VERIFICATION WE, DRAYE DURHAM, STEVEN ESTES AND HENRY HOLMES, SWEAR/AFFIRM UNDER THE PENALTIES PROVIDED FOR UNDER 18 PA.C.S.A. 4904 THAT THE FACTS CONTAINED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. Dater 9l fa ?5Respectfull Submitted Draye Dur SCI-Coal / EV-5273 1 Kelley Drive Township, Pa. 17866 Steven Estes SCI-Coal / FR-0288 1 Kelley Drive Coal Township, Pa. 17866 Henr o mes CQ26550 SCI al Township / 1 Kelley Drive Coal Township, Pa. 17866 PROOF OF SERVICE The undersigned hereby certifies that and true correct copies of the foregoing document(s) were served upon all the defendants and the Court of Common Pleas Dauphin County, this day causing same to be deposited in tthe United States Postal Service, and served upon defendants by First Class Mail, which service satisfies the requirement and addressed as follow: Jeffery A. Beard (DOC) Dorina.Varner, (COG) 2520 Lisburn Road, P.O. Box 598 2520 Lisburn Road, P.O. Box 598 Camp Hill, PA 17001 Camp Hill, PA 17001 Tony Miller (PCI) David A Varano (Superintendent) 2520 Lisburn Road, P.O. Box 47 1 Kelley Drive Camp Hill, PA 17001 Coal Township, PA 17866 Kandis K. Dascani 1 Kelley Drive Coal Township, PA 17866 S mitte Draye Durham, EV-5273 SCI-Coal Township 1 Kelley Drive Coal Township, PA 17866-1021 Steven FR-02 SCI-Coal Township 1 Kelley Drive Coal Township, PA 17866 Henry lmes, CQ-6550 SCI-Coal Township Date: ?o?l' IQ 1 Kelley Drive Coal Township, PA 17866 9:20A. M. Appeal Docket Sheet Docket Number: 1212 MDA 2010 Page 1 of 3 July 29, 2010 CAPTION ; Drate Durham, Steven Estes, Henry Holmes, Appellants V. Jeffrey A. Beard, Secretary Dept of Corr, Dorina Varner, Chief Grievance Officer, Tony Miller, Director of PA Correctional Industries David Varano, Superintendent at SCI Coal Township Kandis Dascani, Superintendent Assistant Initiating Document: Case Status: Case Processing Status Journal Number: Notice of Appeal IFP Active July 28, 2010 F ? , Superior Court o' 0)010 N 3717 C\v/ Secure CASE INFORMATION Awaiting Original Record Case Category: Civil Case Type(s) CONSOLIDATED CASES SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received Appellant Holmes, Henry COUNSEL INFORMATION Pro Se: Yes Appoint Counsel Status: Not Represented IFP Status: Yes Pro Se: Holmes, Henry Address: CO-6550, SCI-Coal Township 1 Kelley Drive Coal Township, PA 18766--1021 Phone No: Fax No: Receive Mail: Yes Receive EMail: No Appellant Estes, Steven Pro Se: Yes Appoint Counsel Status: Not Represented IFP Status: Yes Pro Se: Estes, Steven Address: FR-0288, SCI-Coal Township 1 Kelley Drive Coal Township, PA 17866--1021 Phone No: Fax No: Receive Mail: Yes Receive EMail: No Tort RELATED CASES PGenn6?JD ania Next Event Due Date: August 12, 2010 Next Event Due Date: September 17, 2010 _` -7 C7 9:20I.M. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 1212 MDA 2010 Page 2 of 3 Secure July 29, 2010 COUNSEL INFORMATION Appellant Durham, Draye Pro Se: Yes Appoint Counsel Status: Not Represented IFP Status: Yes Pro Se: Durham, Draye Address: EV-5273, SCI-Coal Township 1 Kelley Drive 7 Coal Township, PA 17866--1021 Phone No: Fax No: Receive Mail: Yes cyl Receive EMail: No Appellee Jeffrey A. Beard, Secretary Dept of Corr, Dorina Varner, Tony Miller, David Varano, Kandis Dascani Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Fairall, William E., Jr. Bar No: 020840 Law Firm: PA Department of Corrections Address: 55 Utley Dr Camp Hill, PA 17011 Phone No: (717) 731-0444 Fax No: (717) 975-2217 Receive Mail: Yes Receive EMail: No AGENCY/TRIAL COURT INFORMATION Court Below: Dauphin County Court of Common Pleas County: Dauphin Division: Order Appealed From: April 29, 2010 Judicial District: Documents Received: July 28, 2010 Notice of Appeal Filed: Order Type: Order Entered OTN(s): Lower Ct Docket No(s):2010 CV 3717 CV Lower Ct Judge(s): Coates, Bernard L., Jr Judge Dauphin County Civil Division 12 July 19, 2010 ORIGINAL RECORD CONTENT Original Record Item Filed Date Content Description Date of Remand of Record: BRIEFING SCHEDULE None None DOCKET ENTRY Filed Date Docket Entry / Representing Participant Type Filed By July 28, 2010 Notice of Appeal IFP Docketed Appellant Durham, Draye Appellant Estes, Steven Appellant Holmes, Henry 9:20 A.M. Appeai Docket Sheet Superior Court of Pennsylvania Docket Number: 1212 MDA 2010 Page 3 of 3 Secure July 29, 2010 DOCKET ENTRY Filed Date Docket Entry / Representing Participant Type Filed By Comment: awaiting proof of service to lower court judge July 29, 2010 Docketing Statement Exited (Civil) Middle District Filing Office c t -, G"7 rye,. 2,_ W 7 r* -? rv 6uperior Court of Vennoprbania Karen Reid Bramblett, Esq. Middle District Prothonotary Milan K. Mrkobrad, Esq. Deputy Prothonotary August 3, 2010 NOTICE OF DISCONTINUANCE OF ACTION RE: Durham, D. v. Beard, J. 1212 MDA 2010 Appeal of: Henry Holmes Steven Estes Draye Durham Initiating Document: Notice of Appeal IFP Trial Court: Dauphin County Court of Common Pleas Trial Court Docket No: 2010 CV 3717 CV Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 ww w. superior. court. state. pa. us The above-captioned matter has been marked "Discontinued" with this court. Certification is being sent to the lower court. Attorney Name Participant Name Participant Type Draye Durham Durham, Draye Appellant Henry Holmes Holmes, Henry Appellant Steven Estes Estes, Steven Appellant William E. Fairall Jr., Esq. Jeffrey A. Beard, Secretary Dept of Corr, Dorin, Appellee V Cil C' ' C C p. -j. ;. ( r .? Cn N IN THE SUPERIOR COURT OF PENNSYLVANIA SITTING IN HARRISBURG No. 1212 MDA 2010 Drate Durham, Steven Estes Henry Holmes V. Jeffrey A Beard Sec of Dept of Corrections, etal M : Appeal from the OE 4/29/10 :Court of Common Pleas :for the county of Dauphin :No. 3717 CV 2010 August 3, 2010 - The above appeal is hereby withdrawn and discontinued by order of: August 3, 2010 - DISCONTINUED Drate Durham, Steven Estes Henry Holmes pro se Attorney for Appellant TRUE COPY FROM RECORD ca c? 2x C L`7 cn lD cn N IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Court, at Harrisburg, this 3rd day of August, 2010. Deputy Prothonotary ftCT CD rT .? DRAYE DURHAM AND STEVEN ESTES AND HENRY HOLMES, Individually and ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Plaintiffs VS. JEFFERY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS AND DORINA VARNER, CHIEF GRIEVANCE OFFIECER DEPARTMENT OF CORRECTIONS TONEY MILLER, DIRCTOR OF PENNSYLVAIA CORRECTIONAL INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIPAND KANDIS K. DASCANI CORECTIONS SUPERINTENDENT ASSISTANT, Defendants IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO.2010-CV3717-CV CIVIL ACTION-LAW ORDER And now, to consideration of the whitin ORDER AND DECREED that with HEREBY GRANTED. BY THE COURT is Distribution: Draye Durham, EV-5273, SCI-Coal Township, 1 Kelley Drive, Coal Township, Pa 17688 Steven Estes, FR-0288, SCI-Coal Township, 1 Kelley Drive, Coal Township, Pa 17688 Henry Holmes, CQ-6550, SCI-Coal Township, 1 Kelley Drive, Coal Township, Pa 17688 Jeffery A Beard, 2520 Lisburn Road, P.O. Box 598, Camp Hill, Pa 17001 Dorina Varner, 2520 Lisburn Road, P.O. Box 598, Camp Hill, Pa 17001 Tony Miller2520 Lisburn Road, P.O. Box 47, Camp Hill, Pa 17001 David A. Varnao, 1 Kelley Drive, Coal Township, Pa 17688 Kandis K. Dascani, I Kelley Drive, Coal Township, Pa 17688 Chambers of Judge, Deborah Essis Curcillo, 2nd Fl. 101 Market Street Harrisburg Pa 17101 day of upon it is hereby DRAYE DURHAM AND STEVEN ESTES AND HENRY HOLMES, Individually and ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Plaintiffs VS. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO.2010-CV3717-CV N Q a -4 -3 M z ? ca JEFFERY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS AND DORINA VARNER, CHIEF GRIEVANCE OFFIECER DEPARTMENT OF CORRECTIONS TONEY MILLER, DIRCTOR OF PENNSYLVAIA CORRECTIONAL INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIPAND KANDIS K. DASCANI CORECTIONS SUPERINTENDENT ASSISTANT, Defendants : CIVIL ACTION-LAW MOTION TO TRANSFER TO PROPER VENUE (COUNTY) TO: THE HONORABLE JUDGES OF SAID COURT OF COMMON PLEASE DAUPHIN COUNTY, PENNSYLANIA, PURSUANT TO PA. R.C.P. 1006 (d), (3), RESPECTFULLY REQUEST TRANSFER TO PROPER VENUE (County) OF THE COURT OF COMMON PLEAS AND REPRESENTS THE FOLOWING: 1. We are the Plaintiffs in the above-captioned. 2. We the Plaintiffs believe this Civil Action Tort Class Action Complaint for filing in Dauphin County may not be the Proper Venue (County) for processing this above Complaint because of the Parties, (Defendants). 3. The Plaintiffs request this Honorable Court to transfer the files of the above Complaint to the Proper Venue (County) Court of Common Pleas, Cumberland County in Carlisle Pa. 17013 pursuant to Pa. R.C.P. 1006 (d) (1), (3). 4. Defendants' failure to respond to this Motion within twenty-one (21) days of service of delivery will mean that the Defendants concur with the Plaintiff. WHEREFORE the above-mentioned Plaintiffs respectfully pray that this Honorable Court will Grant this Motion for Proper Venue (County) of correct Court of Common Pleas of Pennsylvania. Date: 21/r /10 Respectfully Submitted Draye urham, EV-5273 1 Kelley Drive C al ownship, Pa 17866 Steven Estes, FR--U799--- I Kelley Drive Coal Township, Pa 17866 6 ) n 60 /"?/? Henry H lL*s, CQ-6550 1 Kelley Drive Coal Township, Pa 17866 DRAYE DURHAM AND STEVEN ESTES AND HENRY HOLMES, Individually and ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Plaintiffs VS. JEFFERY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS AND DORINA VARNER, CHIEF GRIEVANCE OFFIECER DEPARTMENT OF CORRECTIONS TONEY MILLER, DIRCTOR OF PENNSYLVAIA CORRECTIONAL INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIPAND KANDIS K. DASCANI CORECTIONS SUPERINTENDENT ASSISTANT, Defendants IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2010-CV3717-CV CIVIL ACTION-LAW VERIFCATION WE, DRAYE DURHAM, STEVEN ESTES AND HENRY HOLMES, SWEAR/AFFIRM UNDER THE PENATIES PROVIDED FOR UNDER 18 PA.C.S.A. 4904 THAT THE FACTS CONAINTED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. Draye urham, -5273 1 Kelley Drive Coal Township, Pa 17866 Date: A6 I to Respectfully Submitted 'SM6n Estes, FR-0288 1 Kelley Drive Coal Township, Pa 17866 1 Henry 1 , CQ-6550 1 Kelley Drive Coal Township, Pa 17866 ., CERTIFICATE OF SERVICE The undersigned hereby certifies that and true correct copies of the foregoing document(s) were served upon all the defendants and the Court of Common Pleas, Dauphin County, this day causing same to be deposited in the United States Postal Service, and served upon defendants by First Class Mail, which service satisfies the requirement and addressed as follow: Jeffery A. Beard (DOC) 2520 Lisburn Road P.O. Box 598 Camp Hill, Pa 17001 Dorina Varner, (COG) 2520 Lisburn Road P.O. Box 598 Camp Hill, Pa 17001 Tony Miller (PCI) 2520 Lisburn Road P.O. Box 47 Camp Hill, Pa 17001 Kandis K. Dascani 1 Kelley Drive Coal Township, Pa 17866-1021 David A. Varano (Superintendent) 1 Kelley Drive Coal Township Pa 17866-1021 Respectfully Submitted Date: i / 6 LTray6-Mrham, EV-52,73 1 Kelley Drive Coal o hip, Pa 17866 Ste steFR-2 s, 088 1 Kelley Drive Coal Township, Pa 17866 04 4? )-?Ufwynp/)) Henry I of es, CO-6550 1 Kelley Drive Coal Township, Pa 17866 DRAYE DURHAM AND STEVEN ESTES AND HENRY HOLMES, Individually and ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Plaintiffs vs. JEFFERY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS AND DORINA VARNER, CHIEF GRIEVANCE OFFIECER DEPARTMENT OF CORRECTIONS TONEY MILLER, DIRCTOR OF PENNSYLVAIA CORRECTIONAL INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIPAND KANDIS K. DASCANI CORECTIONS SUPERINTENDENT ASSISTANT, Defendants IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA ' N O a NO.2010-CV3717-CV M__ Z C z ?o ) z c-- z CD D 3 o A : CIVIL ACTION-LAW CERTIFCATION OF NOTICE PURSUANT TO DAUPHIN COUNTY LOCAL RULE 208.2 (d) Names of Plaintiffs: Draye Durham, Steven Estes and Henry Holmes, Pro Se Plaintiffs. Date Of Notice: August 16, 2010 To the Prothonotary: I certify that Notice of Motion To Transfer To Proper Venue (See attached Motion and Order) required by Dauphin County Local Rule 208.2(d) were served on by mailed to the following Defendants of the above-captioned on August 16, 2010. Jeffery A Beard, 2520 Lisburn Road, P.O. Box 598, Camp Hill, Pa 17001 Dorina Varner, 2520 Lisburn Road, P.O. Box 598, Camp Hill, Pa 17001 Tony Miller, 2520 Lisburn Road, P.O. Box 47 Camp Hill, Pa 17001 David A. Varano, 1 Kelley Drive, Coal Township, Pa 17688 Kandis K. Dascani, 1 Kelley Drive, Coal Township, Pa 17688 Notice has now been given to all parties under Dauphin County Focal Rule 208.2(d). Draye urham, lffV--35? Kelley Drive Coa wnship, Pa 17866 Steven Estes, FR-0288 1 Kelley Drive Coal Township, Pa 17866 G Z 1? Henry Hol , CQ-6550 1 Kelley Drive Coal Township, Pa 17866 Date: 2[1,1 [c) Capacity: Pro Se Plaintiffs .?: F gF:? ??. w ?? 0 ?4 DRAYE DURHAM et al. IN THE COUNTY OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. JEFFERY A. BEARD et al. NO.2010-CV3717-CV CIVIL ACTION :LAW C r'n o©m C7 c_ PRAECIPE TO TRANSFER TO PROPER VENUE COUNTY, M z a- z c-; TO THE PROTHONOTARY: z CO Please kindly Transfer the above caption Civil Action No. to the Proper Venue (County) in accordance to Pa. R. C. P. 1006 (3), that was filed August 16, 2010 and received and time stamped dated August 19, 2010 in this Honorable Court. All Defendants has been notified of this Motion in accordance to Dauphin County Local Rule 208.2 (d) and never responded. Respectfully Submitted Draye Durham, EV-5273 1 Kelley Drive Coal Tow iP-P-B 6-1021 Stev es, FR-0288 1 Kelley Driv Coal Township Pa 17866-1021 V e? +rr2SL 21- Henry olmes, CQ-6550 1 Kelley Drive Coal Township Pa 17866-1021 q Date: Distribution: Draye Durham, EV-5273, SCI-Coal Township, I Kelley Drive, Coal Township, PA 17688 Steven Estes, FR-0288, SCI-Coal Township, 1 Kelley Drive, Coal Townshi p, PA 17688 Henry Holmes, CQ-6550, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17688 Jeffery A Beard, 2520 Lisburn Road, P.O. Box 598, Camp Hill, PA 17001 Dorina Varner, 2520 Lisburn Road, P.O. Box 598, Camp Hill, PA 17001 Tony Miller, 2520 Lisburn Road, P.O. Box 47, Camp Hill, PA 17001 David A. Varano, 1 Kelley Drive, Coal Township, PA 17688 Kandis K. Dascani, 1 Kelley Drive, Coal Township, PA 17688 Chambers of Judge, Deborah Essis Curcillo, 2nd Fl. 101 Market Street, Harrisburg, PA 17101 DRAYE DURHAM, et al., Plaintiffs V. ORIGINAL SE IN THE COURT OF COMN DAUPHIN COUNTY, PEN NO. 2010 CV 3717-CV JEFFREY A. BEARD, et al., Defendants CIVIL ACTION - LAW V ORDER po) AND NOW, this oZd day of September, 2010, the Praeciptpp, r -? Transfer Proper Venue County filed September 16, 2010 by plaintiffs will not b E5 00 entertained. Plaintiffs must file a Certificate of Readiness at the appropriate time. BY THE COURT: Deborah Essis Curcillo, Judge Distribution: Draye Durham, EV-5273, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17688 Steven Estes, FR-0288, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17688 Henry Holmes, CQ-6550, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17688 Jeffrey A. Beard, 2520 Lisburn Road, P.O. Box 598, Camp Hill, PA 17001 Dorina Varner, 2520 Lisburn Road, P.O. Box 598, Camp Hill, PA 17001 Tony Miller, 2520 Lisburn Road, P.O. Box 47, Camp Hill, PA 17001 David A. Varano, 1 Kelley Drive, Coal Township, PA 17688 Kandis K. Dascani, 1 Kelley Drive, Coal Township, PA 17688 jbp. veWAh psis CL010 I. Q DRAYE DURHAM et al. : IN THE COUNTY OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. NO.2010-CV3717-CV o JEFFERY A. BEARD et al. : CIVIL ACTION LAW b PRAECIPE TO TRANSFER TO PROPER VENUE COUNT c? C X TO THE PROTHONOTARY: f`?Y O rn `0 rn a Z co 00 Ooh --A-n?gym Please kindly Transfer the above caption Civil Action No. to the Proper Venue (County) in accordance to Pa. R. C. P. 1006 (3), that was filed August 16, 2010 and received and time stamped dated August 19, 2010 in this Honorable Court. All Defendants has been notified of this Motion in accordance to Dauphin County Local Rule 208.2 (d) and never responded. Respectfully Submitted Dra- Durham-,-EV=5273 1 Kelley Drive C p Pa 17866-1021 Steven stes, _ - I Kelley Drive Goal Township Pa 17866-1021 t ? m?l1w? i. I / .' ii f W) - Henry Hol fees, CQ-6550 1. Kelley Drive Goal Township Pa 17866-1021 Date: ?1/ 3 116 Distribution: Draye Durham, EV-5273, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17688 Steven Estes, FR-0288, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17688 Henry Holmes, CQ-6550, SCI-Coal Township, 1 Kelley Drive, Coal Township, PA 17688 Jeffery A Beard, 2520 Lisburn Road, P.O. Box 598, Camp Hill, PA 17001 Dorina Varner, 2520 Lisburn Road, P.O. Box 598, Camp Hill, PA 17001 Tony Miller, 2520 Lisburn Road, P.O. Box 47, Camp Hill, PA 17001 David A. Varano, 1 Kelley Drive, Coal Township, PA 17688 Kandis K. Dascani, 1 Kelley Drive, Coal Township, PA 17688 Chambers of Judge, Deborah Essis Curcillo, 2'd Fl. 101 Market Street, Harrisburg, PA 17101 DAUPHIN COUNTY CERTIFICATE OF READINESS TWELFTH JUDICIAL I OURTOFCOMMONPLE ST Effective: Rev. (E), February 27, 2006 INSTRUCTIONS: This form shall be used for the assignment of Pretrial Motions (Preliminary Objections, Motions for Judgment on the Pleadings, Motions for Summary Judgment and Divorce Special Relief) and the listing of a case for Arbitration, Non jury Trial or Jury Trial. File the original and one copy of this form with the Prothonotary's Office. This Certificate of Readiness must be personally signed by the filing counsel of record or the filing pro se party. (Use reverse side if necessary. DO NOT ABBREVIATE PARTIES.) PLAINTIFF(S): DRAYE DURHAM, STEVEN ESTES, HENRY HOLMES DEFENDANT(S): Jeffrey A Beard Dorina Vaner Ton Miller, David A. Varano. ADDITIONAL DEFENDANT(S): Kandia K. Dascani DOCKET NUMBER: / 2010 CV 37 -CV A. PRETRIAL MOTIONS (Complete ctions A and G of the Certificate of Readiness) ? Preliminary Objections ? Judgment on the Pleadings ? Summary Judgment ? Divorce Special Relief ® 1 hereby certify that the matter is ready for disposition in accordance wi•A the Pennsylvania Rules of Civil Procedure and the n- ouphln. County Local Rules. B. ARBITRATION (Complete Sections B, E. F and G of the Certificate of Readiness) ? 1 hereby certify that the amount in controversy is $35,000 or less, and that this case is ready in all respects for disposition by a Board of Arbitration. This matter will be heard by a Board of Arbitration at the time, date, and place specified by the Chair of the panel, but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a Judge of the Court without the absent party or parties being present. I also realize that there is no right to a trial de novo on appeal from a decision entered by a Judge. C. NON-JURY CIVIL TRIAL (Complete Sections C, E, F and G of the Certificate of Readiness) ? I hereby certify that all discovery in the case has been completed and that the case is ready in all respects to be assigned to a judge for a non-jury civil trial in accordance with the Pennsylvania Rules of Civil Procedure and the Dauphin County Local Rules. D. CIVIL JURY TRIAL (Complete Sections D, E, F and G of the Certificate of Readiness) ? I hereby certify that all discovery in the case has been completed; that I have made reasonable Inquiry of all counsel and/or pro se parties to ensure that all necessary parties, attorneys, and witnesses will be available and that they are available; that serious settlement negotiations have been conducted; and that the case is ready in all respects for trial, all in accordance with the Pennsylvania Rules of Civil Procedure and the Dauphin County Local Rules. I understand that this case will be listed for a jury trial for the next trial term in accordance with the timelines found in the annual court calendar. I further understand that sanctions may be imposed upon me by the Court for the filing of an improper Certificate of Readiness listing a case for jury trial. Has this case previously been certified for trial? ? Yes, date previously certified: ? No, never previously certified E. TYPE OF CASE ? Contract ? Medical Malpractice ? Motor Vehicle Accident ? Products Liability ? Premises Liability ? Other Malpractice Other Type of Case: Estimated Trial Time: days TRANSFER TO PROPER VENUE (COUNTY) 20 MINUTES F. MEDIATION ? Pursuant to Dauphin County Local Rule 1001, 1 hereby certify that mediation has been previously pursued or that the topic of mediation was discussed by not only counsel with their clients but also by all counsel and/or pro se parties and rejected only after good faith consideration. G. COUNSEL: (List names, addresses and telephone numbers of all counsel and check appropriate box to designate listing counsel) Plaintiff(s): RM DURHAM, EV-5273 1 KE LE ` Telephone Number: NSA M? L Y DRE -COAL TOWNSHIP, PA 17866-1021 Email Address: Listing Counsel - Defendant(s): JEFFREY A. BEARD P.O.BOX 598 2520 LISBURN ROAD Telephone Number: , CAMP HILL PA. 17001 N/A Email Address: Listing Counsel •• Additional Defendants : V"98 F:O 2520 LISBURN MAD Telephone Number: N , . CAMP HILL PA 17001 N/A Email Address: ? Listing Counsel VERIFICATION: 1, the undersigned listing counsel or pro se party, hereby acknowledge that sanctions may be imposed upon me for the improper filing of this Certificate of Readiness and that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. I further certify that I will immediately serve all counse d/or pro se parties with a copy of this Certificate of Readiness. Date Panatlu??re of Listing Counsel or Pro Se Partv (Read Verification First) 0 A7 I Plaintiff(s): STEVEN ESTES, FR-0288 Telephone Number: N/A 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 Plaintiff(s): HENRY HOLMES, CQ-6550 Telephone Number: N/A 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 Additional Defendant(s):TONY MILLER Telephone Number: N/A 2520 LISBURN ROAD, P.O. BOX 47 CAMP HILL PA 17001 Additional Defendant(s): David A. Varano Telephone Number: N/A 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 Additional Defendant(s): KANDIS K. DASCANI Telephone Number: N/A 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 CERTIFICATE OF SERVICE THE UNDERSIGNED HEREBY CERTIFIES THAT TRUE AND CORRECT COPIES OF THE FOREGOING DOCUMENT(S) WERE SERVED UPON ALL THE DEFENDANTS AND THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, THIS DAY BY CAUSING SAME TO BE DEPOSITED IN THE UNITED STATES POSTAL SERVICE, AND SERVED UPON DEFENDANTS BY FIRST CLASS MAIL, WHICH SERVICE SATISFIES THE REQUIREMENT AND ADDRESSED AS FOLLOW: RESPECTFULLY SUBMITTED, DRAYE DURHAM, EV-5273 1 KELLEY DRIVE Date: C L TOWNSHIP PA 17866-1021 C? ST VEN-&STES. FR-0288 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 ?I.VWM'0. HENRY OLMES, CQ-6550 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 Distribution: Draye Durham, EV-5273, SCI-Coal Township, IKelley Drive, Coal Township. Pa 17866 Steven Estes, FR-0288, SCI-Coal Township, IKelley Drive, Coal Township. Pa 17866 Henry Holmes, CQ-6550, SCI-Coal Township, IKelley Drive, Coal Township. Pa 17866 Jeffrey A. Beard, 2520 Lisburn Road, P.O. Box 598, Camp Hill, Pa 17001 Dorina Varner, 2520 Lisburn Road, P.O. Box 598, Camp Hill, Pa 17001 Toney Miller, 2520 Lisburn Road, P.O. Box 47, Camp Hill, Pa 17001 David A. Varano, IKelley Drive, Coal Township. Pa 17866 Kandis K. Dascani, IKelley Drive, Coal Township. Pa 17866 Chambers of Judge, Deborah Essis Curcillo, 2nd floor. 101 Market street Harrisburg Pa 17101 RA :a-i.. 1:?. ... _ ... • l r ? DRAYE DURHAM, et al. IN THE COUNTY OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. JEFFERY A. BEARD et al. NO.2010-CV3717-CV CIVIL ACTION LAW CERTIFICATE OF MERIT C=n Certificate of Merit as to Kandis K. Dascani, I, Draye Durham, Steven Estes, Henry Holmes certify that: nz an appropriate licensed professional has supplied a written statement to the undersigned that there is basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bring about the harm; OR ?x expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: I l i'7 ! /() ' r Henry olmes CERTIFICATE OF SERVICE THE UNDERSIGNED HEREBY CERTIFIES THAT TRUE AND CORRECT COPIES OF THE FOREGOING DOCUMENT(S) WERE SERVED UPON ALL THE DEFENDANTS AND THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, THIS DAY BY CAUSING SAME TO BE DEPOSITED IN THE UNITED STATES POSTAL SERVICE, AND SERVED UPON DEFENDANTS BY FIRST CLASS MAIL, WHICH SERVICE SATISFIES THE REQUIREMENT AND ADDRESSED AS FOLLOW: RESPECTFULLY SUBMITTED, DRAYE DURHAM, EV-5273 1 KELLEY DRIVE TOWNSHIP PA 17866-1021 FR- 88 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 Date: 1di -dl o HENRY OLMES, CQ-6550 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 Distribution: Draye Durham, EV-5273, SCI-Coal Township, IKelley Drive, Coal Township. Pa 17866 Steven Estes, FR-0288, SCI-Coal Township, 1Kelley Drive, Coal Township. Pa 17866 Henry Holmes, CQ-6550, SCI-Coal Township, 1Kelley Drive, Coal Township. Pa 17866 Jeffrey A. Beard, 2520 Lisburn Road, P.O. Box 598, Camp-Hill, Pa 17001 Dorina Varner, 2520 Lisburn Road, P.O. Box 598, Camp Hill, Pa 17001 Toney Miller, 2520 Lisburn Road, P.O. Box 47, Camp Hill, Pa 17001 David A. Varano, 1Kelley Drive, Coal Township. Pa 17866 Kandis K. Dascani, 1Kelley Drive, Coal Township. Pa 17866 Chambers of Judge, Deborah Essis Curcillo, 2id floor. 101 Market street Harrisburg Pa 17101 14 IL DRAYE DURHAM, et al. IN THE COUNTY OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. NO.2010-CV3717-CV JEFFERY A. BEARD et al. CIVIL ACTION LAW CERTIFICATE OF MERIT ?? Certificate of Merit as to David A. Varano, I, Draye Durham, Steven Estes, Henry Holmes certify that: rv an appropriate licensed professional has supplied a written statement to the undersigned that there is basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR 1-1 the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bring about the harm; OR expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: /6 J % 1 0 Henry H lures CERTIFICATE OF SERVICE THE UNDERSIGNED HEREBY CERTIFIES THAT TRUE AND CORRECT COPIES OF THE FOREGOING DOCUMENT(S) WERE SERVED UPON ALL THE DEFENDANTS AND THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, THIS DAY BY CAUSING SAME TO BE DEPOSITED IN THE UNITED STATES POSTAL SERVICE, AND SERVED UPON DEFENDANTS BY FIRST CLASS MAIL, WHICH SERVICE SATISFIES THE REQUIREMENT AND ADDRESSED AS FOLLOW: RESPECTFULLY SUBMITTED, DRAYE DURHAM, ?EVt73 1 KELLEY DRIVE S' TOWNSHIP PA 17866-1021 FR- 88 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 Date: It, l17 I la ' o? HENRY OLMES, CQ-6550 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 Distribution: Draye Durham, EV-5273, SCI-Coal Township, 1Kelley Drive, Coal Township. Pa 17866 Steven Estes, FR-0288, SCI-Coal Township, 1Kelley Drive, Coal Township. Pa 17866 Henry Holmes, CQ-6550, SCI-Coal Township, 1Kelley Drive, Coal Township. Pa 17866 Jeffrey A. Beard, 2520 Lisburn Road, P.O. Boa 598, Camp'Hill, Pa 17001 Dorina Varner, 2520 Lisburn Road, P.O. Boa 598, Camp Hill, Pa 17001 Toney Miller, 2520 Lisburn Road, P.O. Boa 47, Camp Hill, Pa 17001 David A. Varano, 1Kelley Drive, Coal Township. Pa 17866 Kandis K. Dascani, lKelley Drive, Coal Township. Pa 17866 Chambers of Judge, Deborah Essis Curcillo, 2e0 floor. 101 Market street Harrisburg Pa 17101 TITf A X 7T7 1 T TT1 T T DRAYE DURHAM, et al. IN THE COUNTY OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. NO.2010-CV3717-CV JEFFERY A. BEARD et al. CIVIL ACTION LAW 0 c-; CERTIFICATE OF MERIT CD Certificate of Merit as to Tony Miller, " Na I, Draye Durham, Steven Estes, Henry Holmes certify that: F] an appropriate licensed professional has supplied a written statement to the undersigned that there is basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR 1-1 the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bring about the harm; OR a expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. f•- Date: 10/ o/ j (f , Draye Durham Steven Estes A 2! 41? Henry Imes CERTIFICATE OF SERVICE THE UNDERSIGNED HEREBY CERTIFIES THAT TRUE AND CORRECT COPIES OF THE FOREGOING DOCUMENT(S) WERE SERVED UPON ALL THE DEFENDANTS AND THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, THIS DAY BY CAUSING SAME TO BE DEPOSITED IN THE UNITED STATES POSTAL SERVICE, AND SERVED UPON DEFENDANTS BY FIRST CLASS MAIL, WHICH SERVICE SATISFIES THE REQUIREMENT AND ADDRESSED AS FOLLOW: RESPECTFULLY SUBMITTED, DRAYE DURHAL.,. , - 1 KELLEY DRIVE TOWNSHIP PA 17866-1021 FR- 88 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 Date: .Ic) /? I )c HENRY OLMES, CQ-6550 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 Distribution: Draye Durham, EV-5273, SCI-Coal Township, 1Kelley Drive, Coal Township. Pa 17866 Steven Estes, FR-0288, SCI-Coal Township, 1Kelley Drive, Coal Township. Pa 17866 Henry Holmes, CQ-6550, SCI-Coal Township, 1Kelley Drive, Coal Township. Pa 17866 Jeffrey A. Beard, 2520 Lisburn Road, P.O. Box 598, Camp'Hill, Pa 17001 Dorina Varner, 2520 Lisburn Road, P.O. Box 598, Camp Hill, Pa 17001 Toney Miller, 2520 Lisburn Road, P.O. Box 47, Camp Hill, Pa 17001 David A. Varano, 1Kelley Drive, Coal Township. Pa 17866 Kandis K. Dascani, 1Kelley Drive, Coal Township. Pa 17866 Chambers of Judge, Deborah Essis Curcillo, 2°° floor. 101 Market street Harrisburg pa 17101 s ? DRAYE DURHAM, et al. V. JEFFERY A. BEARD et al. IN THE COUNTY OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2010-CV3717-CV CIVIL ACTION LAW r-D CERTIFICATE OF MERIT' rv 1. C) _ M. Certificate of Merit as to Dorina Varner, I, Draye Durham, Steven Estes, Henry Holmes certify that: -< N an appropriate licensed professional has supplied a written statement to the undersigned that there is basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR F] the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bring about the harm; OR A x expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. .. a Date:1 C) Dray urham Steven Estes g?ii I ?2? ?Arn-ao - Henry 14-olmes ar CERTIFICATE OF SERVICE THE UNDERSIGNED HEREBY CERTIFIES THAT TRUE AND CORRECT COPIES OF THE FOREGOING DOCUMENT(S) WERE SERVED UPON ALL THE DEFENDANTS AND THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, THIS DAY BY CAUSING SAME TO BE DEPOSITED IN THE UNITED STATES POSTAL SERVICE, AND SERVED UPON DEFENDANTS BY FIRST CLASS MAIL, WHICH SERVICE SATISFIES THE REQUIREMENT AND ADDRESSED AS FOLLOW: RESPECTFULLY SUBMITTED, DRAYE DURHAM, EV-5273 1 KELLEY DRIVE TOWNSHIP PA 17866-1021 Fj-88 8 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 Date: jci r h o inn HENRY OLMES, C1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 Distribution: Draye Durham, EV-5273, SCI-Coal Township, 1Kelley Drive, Coal Township. Pa 17866 Steven Estes, FR-0288, SCI-Coal Township, 1Kelley Drive, Coal Township. Pa 17866 Henry Holmes, CQ-6550, SCI-Coal Township, 1Kelley Drive, Coal Township. Pa 17866 Jeffrey A. Beard, 2520 Lisburn Road, P.O. Box 598, Camp Hill, Pa 17001 Dorina Varner, 2520 Lisburn Road, P.O. Box 598, Camp Hill, Pa 17001 Toney Miller, 2520 Lisburn Road, P.O. Box 47, Camp Hill, Pa 17001 David A. Varano, 1Kelley Drive, Coal Township. Pa 17866 Kandis K. Dascani, 1Kelley Drive, Coal Township. Pa 17866 Chambers of Judge, Deborah Essis Curcillo, 2w floor. 101 Market street Harrisburg Pa 17101 4 J DRAYE DURHAM, et al. V. JEFFERY A. BEARD et al. F' IN THE COUNTY OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO.2010-CV3717-CV CIVIL ACTION LAW CERTIFICATE OF MERIT _ CD Certificate of Merit as to Jeffery A. Beard, r" I, Draye Durham, Steven Estes, Henry Holmes certify that: 1-1 an appropriate licensed professional has supplied a written statement to the undersigned that there is basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR F] the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bring about the harm; OR expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. I Date: )01171) 0 Henry lcfolmes Steven Estes CERTIFICATE OF SERVICE THE UNDERSIGNED HEREBY CERTIFIES THAT TRUE AND CORRECT COPIES OF THE FOREGOING DOCUMENT(S) WERE SERVED UPON ALL THE DEFENDANTS AND THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, THIS DAY BY CAUSING SAME TO BE DEPOSITED IN THE UNITED STATES POSTAL SERVICE, AND SERVED UPON DEFENDANTS BY FIRST CLASS MAIL, WHICH SERVICE SATISFIES THE REQUIREMENT AND ADDRESSED AS FOLLOW: RESPECTFULLY SUBMITTED, DRAYE DURHAM, EV-5273 1 KELLEY DRIVE ---COAL. TOWNSHIP PA 17866-1021 FR- 88 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 Date: 01111t) HENRY OLMES, CQ-6550 1 KELLEY DRIVE COAL TOWNSHIP PA 17866-1021 Distribution: Draye Durham, EV-5273, SCI-Coal Township, 1Kelley Drive, Coal Township. Pa 17866 Steven Estes, FR-0288, SCI-Coal Township, 1Kelley Drive, Coal Township. Pa 17866 Henry Holmes, CQ-6550, SCI-Coal Township, 1Kelley Drive, Coal Township. Pa 17866 Jeffrey A. Beard, 2520 Lisburn Road, P.O. Box 598, Camp Hill, Pa 17001 Dorina Varner, 2520 Lisburn Road, P.O. Box 598, Camp Hill, Pa 17001 Toney Miller, 2520 Lisburn Road, P.O. Box 47, Camp Hill, Pa 17001 David A. Varano, 1Kelley Drive, Coal Township. Pa 17866 Kandis K. Dascani, 1Kelley Drive, Coal Township. Pa 17866 Chambers of Judge, Deborah Essis Curcillo, 2a° floor. 101 Market street Harrisburg Pa 17101 IN THE COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND, PENNSYLVANIA DRAYE DURHAM AND STEVEN ESTES : AND HENRY HOLMES, individually and On BEHALF OF ALL OTHERS SIMILARY CIVIL ACTION No. f I l Gam' l SITUATED, VS. Plaintiffs JEFFERY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, AND DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS: TONY MILLER, DIRECTOR OF : PENNSYLVANIA CORRECTIONAL : INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP AND KANDIS K. DASCANI CORRECTIONS SUPERINTENDENT ASSISTANT, Defendants : ORDER AND NOW, this day of 20 Upon consideration of the Petitioner's Motion captioned; PETITION TO PROCEED IN FORMA PAUPERIS; It is Hereby Ordered and Decreed that Petitioner shall be granted Leave to Proceed as a Poor Person. IT IS SO ORDERED By The Court, JUDGE IN THE COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND, PENNSYLVANIA DRAYE DURHAM AND STEVEN ESTES AND HENRY HOLMES, individually and On BEHALF OF ALL OTHERS SIMILARY CIVIL ACTION No. SITUATED, VS. Plaintiffs n rr? rn? Z? C/)r- JEFFERY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, AND : DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS: TONY MILLER, DIRECTOR OF : PENNSYLVANIA CORRECTIONAL INDUSTRIES AND DAVID A. VARANO, : SUPERINTENDENT AT SCI-COAL : TOWNSHIP AND KANDIS K. DASCANI CORRECTIONS SUPERINTENDENT : ASSISTANT, Defendants APPLICATION TO PROCEED IN FORMA PAUPERIS N v n I, Draye Durham, declare that I am the petitioner in the above entitled proceeding; that, in support of my request to proceed without being required to pre-pay fees, costs or give security therefore, I state because of my poverty, I am unable to pay the costs of said proceeding or give security therefore, and that I believe that I am entitled to relief. The nature of my action, defense or other proceeding or the issues I tend to present on appeal are briefly stated as follows: IN FURTHER SUPPORT OF THIS APPLICATION, I FURTHER AVER AS FOLLOWS: 1. I am incarcerated in the State Correctional Institution at Coal Township, 1 Kelley Drive, Coal Township, Pa. 17866-1021. 2. I do not have any income, of any type, other than prison wages. 3. I do not own any stocks or bonds, nor do I receive any payments for any interests, annuities rental properties or other sources. 4. I do not have any checking or saving accounts. 5. I have approximately $ E 3 a 4 -in my prison account. I declare, under the penalties provided for perjury, that the facts contained herein are true and correct to the best of my knowledge, information and beliefs. Respectfully Submitted, C'6 ( nz- ?' ? ?\ - - - " ? Executed on / J 191 I t (Date) SCI-Coal Township 1 Kelley Drive Coal Township, PA 17866-1021 IN THE COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND, PENNSYLVANIA DRAYE DURHAM AND STEVEN ESTES AND HENRY HOLMES, individually and On BEHALF OF ALL OTHERS SIMILARY CIVIL ACTION No. SITUATED, VS. Plaintiffs JEFFERY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, AND : DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS: TONY MILLER, DIRECTOR OF PENNSYLVANIA CORRECTIONAL : INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL : TOWNSHIP AND KANDIS K. DASCANI CORRECTIONS SUPERINTENDENT : ASSISTANT, Defendants AFFIDAVIT IN SUPPORT OF PETITIONER'S APPLICATION TO PROCEED IN FORMA PAUPERIS 1. I am the petitioner in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associate, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Dra a Durham Address: 1 Kelley Drive Coal Township 17866-1021 Social Security Number: 189-62-9797 (b) Employment If you are presently employed, state Employer: S.C.I Coal Township (Prisoner Job) Address: 1 Kelley Drive Coal Township 17866-1021 Salary or wages per month:420 a hour / t5 S. M a month Type of work: Law Libr Aide If you are presently unemployed, state Date of last employment: NA Salary or wages per month: NA Type of work: NA (c) Other income within the past twelve months Business or profession: NA Other self-employment: NA Interest: NA Dividends: NA Pension and annuities: NA Social Security benefits: NA Support payments: NA Disability payments: NA Disability payments: NA Unemployment compensation and supplemental benefits: NA NA Workman's Compensation: NA Public assistance: NA Other: Parents sent a Christmas Gift $60.00 (d) Other contributions to household support (Wife) Name: NA If your wife is employed, state Employer: NA Salary or wages per month: NA Type of work: NA Contributions from children: NA Contributions from parents: NA Other contributions: NA (e) Property owned Cash: NA Checking account: NA Saving account: NA Certificates of deposit: NA Real estate (including home): NA Motor vehicle: Make NA, Year NA, Cost NA, Amount Owed $ NA Stock; Bonds: NA Other: NA (f) Debts and obligations Mortgage: NA Rent: NA Loans: NA Other: Cable Bill 16.50 a month (g) Persons dependent upon you for support Wife Name: NA Children, if any: Name: NA Age:- NA NA Age NA NA Age_ NA Other persons: Name: NA Relationship: NA 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances, which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: I 19 Ll IN THE COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND, PENNSYLVANIA DRAYE DURHAM AND STEVEN ESTES AND HENRY HOLMES, individually and On BEHALF OF ALL OTHERS SIMILARY CIVIL ACTION No. SITUATED, ; VS. Plaintiffs JEFFERY A. BEARD, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, AND DORINA VARNER, CHIEF GRIEVANCE OFFICER DEPARTMENT OF CORRECTIONS: TONY MILLER, DIRECTOR OF PENNSYLVANIA CORRECTIONAL : INDUSTRIES AND DAVID A. VARANO, SUPERINTENDENT AT SCI-COAL TOWNSHIP AND KANDIS K. DASCANI : CORRECTIONS SUPERINTENDENT ASSISTANT, ; Defendants VERIFICATION I, DWe Durham , SWEAR/AFFIRM UNDER THE :PENALTIES PROVIDED FOR UNDER 18 Pa. C.S.A. 4904 THAT THE FACTS CONTAINED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. RESPECTFULLY SUBMITTED, DATE: I /I ) PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document(s) (Application to Proceed IN FORMA PAUPERIS) upon the persons and in the manner indicated below. Name: David 17_ Buell Address: Office Of the Prothonotary 1 Courthouse Square, Suite 100 Carlisle, Pa. 17013 Phone: (Counsel for: ) Name: Address: Phone: (Counsel for: ) Type of Service: _ First Class Mail Type of Service: Signed: (a)- Name: Draye Durham Address: 1 Kelley Drive Coal Township, Pa. 17866-1021 Phone: N/A Dated: I J I O 1( ,i 3 d b 2 Pennsylvania Department of Correcti pr cr o we 0 ons Return 10 DQcNet mschmid 11 19/2011 9:38:44 AM Inmate Query - Accounts Transactions production Inmate Apps \ Inmate Inquiry \ Reports \ Photos \ JNET t OC Info Inmate #: ACTIVE Name: DURHAM, Cust ILA: 2 Pro9 Cd: Perm L . oc: Coal Township Race: Black DOB: 09/28/1971 Housing Unit: F -B -2061-02Temp L oc: SID: 294-04- FBI #: PBPP #: 95-0 244144RA3 Counselor: Schmid, Detainers: NO Michael D Batch Number i Date i Transaction Code Transaction Sub Institute Transaction New Description Code Name Amount Balance JNET Inmate Description 8274 10/01/2010 32 Coa Commissary 00 For 10/01/2010 C2 $79.29 $30.02 4391 10/06/2010 37 Postage 00 Postage Charges @ C2 17 $0 $29 85 Coal . . 9279 10/06/2010 10 Inmate Employment Ccoa Payroll 2010- C2 00 09 Grp 1' $50.32 $80.67 8281 10/08/2010 32 Coa Commissary 00 For 10/08/2010 C2 $30.70 $49.97 New Search 4425 10/14/2010 37 Postage 00 Postage Charge @ C2 Coal $0.17 $49.80 Identification: 4427 10/14/2010 44 Organizational 00 Triumph 2010 C2 00 $9 $40 80 (Inmate #/SID/ Phil.Photo#/SSN) °--°-- Baked Goods Sale . . - 8288 10/15/2010 32 Coa Commissary 00 For 10/15/2010 C2 $10.78 $30.02 Get 8289 10/16/2010 13 J-pay 00 Durham Gloria C2 $50.00 $80.02 4445 10/18/2010 37 Postage 00 Postage Charges @ C2 $0 95 $79 07 Coal . . 4445 10/18/2010 37 Postage 00 Postage Charges @ C2 $0 95 $78 12 Coal . . 4459 10/20/2010 37 Postage 00 Postage Charge @ C2 $0 17 $77 95 Coal . . 4459 10/20/2010 37 Postage 00 Postage Charge @ C2 $0 17 $77 78 Coal . . 4459 10/20/2010 37 Postage 00 Postage Charge @ C2 $0 78 7 Coal . $ 7.00 8295 10/22/2010 32 Coa Commissary 00 For 10/22/2010 C2 $25.82 $51.18 4516 10/28/2010 38 Inside Purchases 00 Copies C2 $0.60 $50.58 8301 10/28/2010 34 Coa Cable Tv 00 For 10/28/2010 C2 $16.50 $34.08 8302 10/29/2010 32 Coa Commissary 00 For 10/29/2010 C2 $32.64 $1.44 9307 11/03/2010 10 Inmate 00 Ccoa Payroll 2010- Employment 10 Grp 1' C2 $63.21 $64.65 8307 11/03/2010 86 Coa Commissary 32 For 11/03/2010 C2 $0.18 $64.83 8309 11/05/2010 32 Coa Commissary 00 For 11/05/2010 C2 $33.88 $30.95 4569 11/08/2010 30 Personal Gift 00 Make-a-wish, Shoot To C2 To Swish $1.00 $29.95 4576 11/08/2010 37 Postage 00 Postage Charge @ C2 Coal $0.78 $29.17 4576 11/08/2010 37 Postage 00 Postage Charge @ C2 $1 29 $27 88 Coal . . 4576 11/08/2010 37 Postage 00 Postage Charge @ C2 $0 78 $27 10 Coal . . 4576 11/08/2010 37 Postage 00 Postage Charge @ Coal C2 $0.17 $26.93 4576 11/08/2010 37 Postage 00 Postage Charge @ C2 $0 17 $26 76 Coal . . 4576 11/08/2010 37 Postage 00 Postage Charge @ C2 $0 34 $26 42 Coal . . 4581 11/09/2010 44 Organizational 00 Krispy Kreme Donu t C2 $6 00 $20 42 Sale . . 8315 11/11/2010 13 J-pay 00 Durham Gloria C2 $50.00 $70.42 8316 11/12/2010 32 Coa Commissary 00 For 11/12/2010 C2 $10.78 $59.64 8323 11/19/2010 32 Coa Commissary 00 For 11 /19/2010 C2 $32.18 $27.46 4640 11/22/2010 44 Organizational 00 Triumph Candy Sale C2 $9 00 $18 46 -2010 . . 8328 11/24/2010 13 J-pay 00 Durham Glorja C2 $50.00 $68.46 8328 11/24/2010 34 Coa Cable Tv 00 For 11/24/2010 C2 $16.50 $51.96 8333 11/29/2010 32 CCoa ommissary 00 For 11/29/2010 C2 $38.84 $13.12 9335 12/01/2010 10 Inmate Employment 00 Ccoa Payroll 2010- 11 Grp 1' C2 $52.92 $66.04 9350 12/07/2010 32 Debit 00 32 - Commissary C2 $39.50 $26.54 9384 12/10/2010 32 Debit 00 32 - Commissary C2 $20.36 $6.18 9387 12/10/2010 37 Debit 00 37 - Postage C2 $0.44 $5.74 9428 12/17/2010 13 Credit 00 13 - Personal Gifts C2 $100.00 $105.74 9432 12/17/2010 32 Debit 00 32 - Commissary C2 $10.78 $94.96 9454 12/20/2010 37 Debit 00 37 - Postage C2 $2.64 $92.32 9454 12/20/2010 37 Debit 00 37 - Postage C2 $2.41 $89.91 9454 12/20/2010 37 Debit 00 37 - Postage C2 $2.41 $87.50 9454 12/20/2010 37 Debit 00 37 - Postage C2 $2.41 $85.09 9488 12/23/2010 32 Debit 00 32 - Commissary C2 $41.65 $43.44 9490 12/24/2010 13 Credit 00 13 - Personal Gifts C2 $140.00 $183.44 9518 12/29/2010 34 Debit 00 34 - Cable C2 $16.50 $166.94 9547 12/30/2010 32 Debit 00 32 - Commissary C2 $105.95 $60.99 9561 01/04/2011 10 Inmate Employment 00 Ccoa Payroll 201012 Grp 1 C2 $61.74 $122.73 9612 01/07/2011 32 Debit 00 32 - Commissary C2 $66.01 $56.72 9649 01/12/2011 13 Credit 00 13 - Personal Gifts C2 $60.00 $116.72 9676 01/13/2011 37 Debit 00 37 - Postage C2 $0.17 $116 55 9676 01/13/2011 37 Debit 00 37 - Postage C2 $0.17 . $116 38 9676 01/13/2011 37 Debit 00 37 - Postage C2 $0.17 . $116.21 9676 01/13/2011 37 Debit 00 37 - Postage C2 $1.05 $115 16 9687 01/14/2011 32 Debit 00 32 - Commissary C2 $51.92 . $63.24 Back to Inmate Accounts